Ms L Gilday v The Box Tree Pub and Bars Ltd: 2303748/2022
JUDGMENT
[1]The Claimant’s claim of unfair dismissal is dismissed as she does not have the qualifying period of service required.[2]The Claimant withdrew her claim for disability discrimination and this claim is dismissed.[3]The Respondent failed to pay outstanding holiday due on termination of employment.[4]The Respondent shall pay to the Claimant £4,158 representing 28 days unpaid holiday (Statutory holiday entitlement is 28 days per year. Pro-rata for time the Claimant was employed is 21 days. Unused statutory holiday can not be carried over to the following year. One day’s pay is calculated on £13.50 per hour with an average 11-hour day).[5]The Respondent breached the Claimant’s contract by not giving or paying her statutory notice period of one week.[6]The Respondent shall pay the Claimant £945.00 Case Number: 2303748/2022 (The Claimant worked an average of 70 hours per week £13.50 per hour).