Claimant v Luna Jack Ltd
Outcome
Individual claims
The tribunal found that the claimant did not commit gross misconduct. The alleged failures (not completing e-learning promptly, swapping shifts, avoiding tasks, requesting time off) did not amount to repudiatory breach. The respondent was not entitled to dismiss summarily without notice, thereby breaching the contractual obligation to provide 4 weeks' notice.
Under Regulation 14 Working Time Regulations 1998, the claimant had accrued 0.3 weeks (5.6 hours) of holiday in the 2024/25 holiday year by the date of termination. She had not taken or been paid for any of this accrued leave. The respondent therefore made an unlawful deduction by failing to pay for holidays accrued but not taken.
Facts
The claimant was employed as a Bar Associate in the hospitality sector from November 2022 to March 2024. She was dismissed by WhatsApp for alleged gross misconduct and serious insubordination, based on failure to complete e-learning promptly, alleged improper shift swaps, avoiding tasks, and requesting time off. She was entitled to 4 weeks' contractual notice but was dismissed summarily. She found new, better-paid employment within 5 days of dismissal. She had not taken any holiday in 2024 and was not paid for accrued leave.
Decision
The tribunal found that the claimant did not commit gross misconduct. The alleged breaches did not amount to repudiatory conduct justifying summary dismissal. The respondent breached contract by failing to give notice. The claimant mitigated her loss, so was only entitled to 4 days' notice pay (£89.25). She was also entitled to payment for 5.6 hours of accrued but untaken holiday (£58.80), giving a total award of £148.05.
Practical note
Minor performance issues and procedural lapses in the hospitality sector do not amount to gross misconduct justifying summary dismissal without fair warning or clear refusal to obey instructions.
Award breakdown
Legal authorities cited
Statutes
Case details
- Case number
- 3306608/2024
- Decision date
- 10 July 2025
- Hearing type
- full merits
- Hearing days
- 1
- Classification
- contested
Respondent
- Name
- Luna Jack Ltd
- Sector
- hospitality
- Represented
- No
Employment details
- Role
- Bar Associate
- Service
- 1 years
Claimant representation
- Represented
- No