Claimant v Do & Co Event & Airline Catering Limited
Outcome
Individual claims
Mr Singh received notice of dismissal on 15 January 2021 stating employment would end on 31 January 2021. Having been entitled to 12 weeks' notice, he received only 2 weeks, a breach of contract entitling him to 10 weeks' pay. Mrs Didi was summarily dismissed on 8 March 2021 without any notice, a breach entitling her to 12 weeks' pay.
Mr Singh was entitled to carry forward 33 days leave from 2020 plus 2.75 days accrued in January 2021, less 10 days leave instructed to be taken, resulting in entitlement to payment for 27.75 days, more than the 9.75 days the Respondent calculated. Mrs Didi did not receive the dismissal letter varying her contract, so she was entitled to payment for 6.06 days accrued in 2021 (1 January to 8 March), but was only paid for 2.75 days.
The tribunal found that failure to give adequate notice gives rise to a claim in damages for pay, not wages for purposes of unlawful deductions. Similarly, compensation for accrued untaken leave on termination is not wages. The unlawful deductions claims could not succeed.
Ms Teper withdrew her claim of pregnancy and maternity discrimination with respect to dismissal.
Mr Dass withdrew his claim of direct age discrimination with respect to dismissal at the beginning of the hearing.
Facts
This was a multiple claimant case arising from redundancy dismissals by an airline catering company. The lead claimants, Mr Singh and Mrs Didi, had long service (20+ years) having TUPE transferred from Gate Gourmet to DHL to the Respondent in October 2020. Dismissal letters dated 29 November 2020 were sent but many were received late or not at all due to postal delays. Mr Singh received his letter on 15 January 2021 giving notice to 31 January 2021. Mrs Didi did not receive a letter and was summarily dismissed on 8 March 2021. Both claimants had 33 days annual leave entitlement and disputed the calculation of notice pay and holiday pay owed on termination.
Decision
The tribunal found both claimants succeeded in their breach of contract and holiday pay claims. Mr Singh was entitled to 10 weeks' additional notice pay (having received only 2 of his 12 weeks' entitlement) and payment for 27.75 days holiday (having carried forward 33 days from 2020 plus accrued days, less 10 days instructed leave actually taken). Mrs Didi was entitled to 12 weeks' notice pay and 6.06 days holiday pay. The tribunal found the Respondent's dismissal letter constituted a contractual variation allowing carry forward of 2020 leave for Mr Singh, but this did not apply to Mrs Didi who never received the letter. Amounts to be determined at remedy hearing.
Practical note
When dismissing employees by post, employers must ensure letters are actually received in time for the stated notice period to be effective, and any contractual variations (such as holiday carry-forward arrangements) only bind employees who actually receive notification of the proposed variation.
Legal authorities cited
Statutes
Case details
- Case number
- 3306686/2021
- Decision date
- 28 August 2024
- Hearing type
- full merits
- Hearing days
- 8
- Classification
- contested
Respondent
- Sector
- hospitality
- Represented
- Yes
- Rep type
- barrister
Employment details
- Service
- 21 years
Claimant representation
- Represented
- Yes
- Rep type
- barrister