Mr G Luca and Mr T Beretta v HOPH Ltd: 2304903/2019 and 2304904/2019
JUDGMENT
[1](1) The Claimants’ complaints of unfair dismissal are dismissed because they do not have sufficient qualifying service to claim unfair dismissal.(2) The Claimants’ complaints of unauthorised deductions from wages and failure to pay accrued holiday pay continue and shall be dealt with in accordance with the case management summary sent to the parties separately. Employment Judge Ferguson Dated: 26 November 2020[2]Case Numbers: 2304903/2019/V 2304904/2019/V EMPLOYMENT TRIBUNALS Claimants:(1) Mr G Luca(2) Mr T Beretta Respondent: HOPH Ltd FINAL HEARING Heard at: London South Employment Tribunal (by video conferencing) On: 4 March 2021 Before: Employment Judge Truscott QC (sitting alone) Appearances For the claimants: (1) In person (2) In person For the respondent: No appearance or representation[4]The Judgment of the Tribunal is that the claimants are entitled to gross awards as follows: Mr G Luca Unpaid wages £2228.00 Accrued holiday pay £557.00 Total Award: £2785.00 Mr T Beretta Unpaid wages £1500.00 Accrued holiday pay £750.00 Case Numbers: 2304903/2019/V 2304904/2019/V Total Award: £2250.00REASONS
[1]The respondent did not return an ET3.[2]The claimants were both employed by the respondent in a pub kitchen for two months between June and August 2019. Mr Luca was a junior sous chef. Mr Beretta was the head chef. Mr Beretta was dismissed on 19 August 2019. Mr Luca left due to nonpayment of wages on 24 August 2019.[3]The claimants confirmed their wages and holiday pay complaints as follows: Mr Luca Four weeks’ unpaid wages @ £557 gross per week = £2,228 One week’s unpaid accrued holiday pay = £557 Mr Beretta Two weeks’ unpaid wages @ £750 gross per week = £1,500 One week’s unpaid accrued holiday pay = £750 These are the sums awarded. ......................................................... I D Truscott QC