Claimant v Sushi Life Whitchurch Ltd
Outcome
Individual claims
The tribunal dismissed the ordinary unfair dismissal complaint for want of jurisdiction, indicating that the tribunal lacked the power to hear the claim, likely due to the claimant not having the required two years' qualifying service.
The tribunal found the automatic unfair dismissal complaint under s 104 Employment Rights Act 1996 (asserting a statutory right) was not well-founded, meaning the claimant failed to establish the legal elements required for this claim.
The tribunal found the respondent had failed to pay accrued holiday pay under Regulation 30 Working Time Regulations 1998 and awarded £84 in unpaid holiday entitlement.
Facts
The claimant, Ms Birger, worked part-time for Sushi Life Whitchurch Ltd earning £12 per hour for 4 hours per week. She brought claims for unfair dismissal, automatic unfair dismissal under s 104 ERA 1996 for asserting a statutory right, and for unpaid holiday pay. The respondent was a small hospitality business represented by its sole director.
Decision
The tribunal dismissed the ordinary unfair dismissal claim for lack of jurisdiction and found the automatic unfair dismissal claim not well-founded. However, the tribunal upheld the holiday pay claim, awarding £84 plus a two-week penalty uplift of £672 under s 38 Employment Act 2002 for failing to provide written particulars, totalling £756.
Practical note
Even where dismissal claims fail due to jurisdictional issues or lack of merit, employers who fail to provide written particulars and do not pay accrued holiday pay face significant penalty uplifts under s 38 Employment Act 2002.
Award breakdown
Legal authorities cited
Statutes
Case details
- Case number
- 6016995/2024
- Decision date
- 3 March 2025
- Hearing type
- full merits
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- hospitality
- Represented
- No
- Rep type
- in house
Employment details
Claimant representation
- Represented
- No