Claimant v Mr R D Cafagna

None of the claimants had the requisite two years' continuous service required by section 108 of the Employment Rights Act 1996 to bring ordinary unfair dismissal claims, and therefore these complaints do not succeed.

The Second Respondent did not pay the claimants for some of the work performed (both by way of sums due for hours worked and in respect of service charges payable to them), constituting unauthorised deductions from wages under section 13 of the Employment Rights Act 1996.

The Second Respondent deducted 5% of claimants' gross wages as pension contributions but failed to pay those deducted sums to the pension scheme, constituting unauthorised deductions from wages under section 13 of the Employment Rights Act 1996.

The Second, Third, Fourth, Fifth, Sixth and Seventh Claimants succeeded in their claims for compensation for accrued but untaken annual leave under regulations 13 and 13A of the Working Time Regulations 1998. The First and Eighth Claimants did not claim for holiday pay.

The Second Claimant was entitled to one week's statutory notice. The Fourth and Eighth Claimants each had contractual entitlement to four weeks' notice. All three were dismissed without notice or payment in lieu. The First, Fifth and Seventh Claimants had less than one month's service and no written contracts, so no notice obligation arose.

The Second Respondent failed to provide the Fifth Claimant with a statement of initial employment particulars as required by section 1 of the Employment Rights Act 1996, and also failed to provide itemised pay statements to all claimants as required by section 8.

The claimants initially ticked the box on the claim form to indicate protected disclosure detriment and dismissal complaints, but these were withdrawn at the hearing.