Mr M Lyddon Knight v LSJ Coffee Ltd: 2204585/2020
JUDGMENT
[1]The unfair dismissal claim is dismissed[2]The Respondent must pay the Claimant £994.50 (for arrears, notice pay, holiday pay and under section 38 Employment Act 2020) by 4 November 2020.REASONS
[1]I heard evidence on oath from the Claimant and read the ET1.[2]The claim for unfair dismissal fails as the Claimant did not have two years’ service[3]The Claimant was employed from 28/2/2020 as a barista at the rate of £153 per week for working 2 days per week.[4]He was not paid but should have been for one week up to 20 March 2020 and is due £153 for this.[5]He was dismissed on 31/5/2020 without any notice. He is due 1 weeks’ pay in lieu of statutory notice = £153[6]He did not take any holiday and was due 5 days’ pay in lieu on dismissal at the rate of £76.50 per day = £382.50[7]He was not given any statement of employment particulars as required by sections 1 and 4 ERA 1996 and is entitled to 2 weeks’ pay as compensation for this under section 38 EA 2002. NOTE The hearing took place over CVP. From a technical perspective, there were no difficulties. The participants were told that is was an offence to record the proceedings. J S Burns