Claimant v Upton Social Club
Outcome
Individual claims
The tribunal found that the dismissal was procedurally and substantively unfair. The claimant was awarded a basic award reflecting 8 years' service at 1.5 times the statutory cap, and a compensatory award for loss covering the period from dismissal to 10 May 2024, crediting amounts already paid and notice/holiday awarded.
The tribunal found that the claimant was entitled to 8 weeks' notice pay which had not been properly paid. The award reflects 8 weeks at the claimant's net weekly pay rate of £406.22.
The tribunal found that the claimant had 5 weeks of accrued but untaken holiday at termination which should have been paid. The award of £2,535 gross reflects 5 weeks at the claimant's gross weekly pay of £507.
Facts
Mr Germon was employed by Upton Social Club for 8 years earning £507 gross per week. He was dismissed on 15 December 2023. At termination, the respondent paid him £2,398.50 but failed to pay proper notice or accrued holiday. The claimant brought claims for unfair dismissal, notice pay, and holiday pay, representing himself at tribunal. The respondent was represented by a trustee.
Decision
The tribunal found all three claims succeeded. The claimant was awarded a basic award of £6,084, a compensatory award of £1,351.26 (covering loss to 10 May 2024 with credit for amounts already paid), 8 weeks' notice pay of £3,249.76, and 5 weeks' holiday pay of £2,535. The total award was £13,220.02 with recoupment provisions applying to £819.32 of the compensatory award.
Practical note
Even small employers like social clubs must follow fair dismissal procedures and pay statutory entitlements including notice and accrued holiday, or face substantial tribunal awards including basic and compensatory awards for unfair dismissal.
Award breakdown
Award equivalent: 26.1 weeks' gross pay
Legal authorities cited
Statutes
Case details
- Case number
- 6000247/2024
- Decision date
- 5 August 2024
- Hearing type
- full merits
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- hospitality
- Represented
- Yes
- Rep type
- lay rep
Employment details
- Salary band
- £25,000–£30,000
- Service
- 8 years
Claimant representation
- Represented
- No