Claimant v Leazes Arcade Limited
Outcome
Individual claims
The claimant's contract dated 1 February 2024 entitled her to 2 months' notice after completing her probationary period, which she had passed. The respondent only paid 1 week's notice pay when making her redundant, breaching the contractual notice period. The tribunal awarded the balance of £4,865.40.
The claimant was contractually entitled to overtime pay or time off in lieu for hours worked beyond her 45-hour week. She accrued 68 hours of overtime by November 2024, which she agreed with her manager to take as TOIL in January/February 2025, but was made redundant before she could take it. The respondent failed to pay her for these accrued hours, amounting to an unauthorised deduction of £958.80.
Facts
The claimant worked for the respondent from February 2024 until being made redundant in November 2024. She had a contract entitling her to 2 months' notice and payment or TOIL for overtime beyond 45 hours per week. When made redundant, the respondent paid only 1 week's notice pay instead of 2 months. The claimant had also accrued 68 hours of overtime which she had agreed with her manager to take as TOIL in early 2025, but was made redundant before she could take it.
Decision
The tribunal found both claims succeeded. The respondent breached the claimant's contract by failing to pay the full 2 months' notice period (awarding £4,865.40). The respondent also made an unauthorised deduction by failing to pay for 68 hours of accrued overtime (awarding £958.80 gross). Total award: £5,824.20.
Practical note
Employers must honour contractual notice periods in redundancy situations and must pay accrued but untaken overtime or TOIL when employment ends before it can be taken.
Award breakdown
Case details
- Case number
- 2500485/2025
- Decision date
- 4 July 2025
- Hearing type
- full merits
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- hospitality
- Represented
- Yes
- Rep type
- lay rep
Employment details
- Role
- Head of Weddings role
- Service
- 9 months
Claimant representation
- Represented
- No