G Mazzoni v Bocca Social Ltd: 2304914/2023
JUDGMENT
UPON this matter coming before the Tribunal on 31 May 2024, wherein Mr Gianluca Mazzoni ('the Claimant') brought proceedings against Bocca Social Ltd ('the Respondent'), and having carefully considered the evidence and submissions of the Claimant (the Respondent, having been precluded under Rule 21 for failing to enter a response, did not attend in any event), the Tribunal hereby gives judgment as follows:[1]The Claimant's claims of unfair dismissal and age discrimination are dismissed. The unfair dismissal claim is dismissed as the Claimant did not meet the requisite 2 years' continuous service to qualify. The age discrimination claim is dismissed as the Claimant failed to adequately particularize the alleged discriminatory statements and actions, providing insufficient details to properly present and assess the merits of the claim.[2]The Tribunal declares that the Respondent made unlawful deductions from the wages properly due to the Claimant in respect of earned wages for June 2023 in the sum of £3,300.[3]The Respondent failed to provide the Claimant with accrued paid annual leave which the Tribunal finds was reasonably due upon termination. The Tribunal orders the Respondent to pay the Claimant £2,310 in unpaid holiday pay.[4]The Respondent failed to provide the Claimant with minimum statutory notice upon termination of his employment. The Tribunal orders the Respondent to pay the Claimant £825 for one week's statutory notice pay.[5]The Respondent failed to furnish the Claimant with the written statement of employment terms and conditions required by law. Their failure to provide this statutory document was a breach of the Claimant's employment rights. The Tribunal finds that an award of one week’s pay in the sum of £825 is appropriate remedy for this violation.[6]In total, judgment is entered against the Respondent in the gross sum of £7,260.00 gross. The Respondent must pay that sum - immediately - to the Claimant and the Claimant will be required to account to HMRC for any tax, National Insurance or other deductions 2304914-2023 Mr Gianluca Mazzoni -v- Bocca Social Limited: 31-05-2024 Judgment Page 1 of 2 properly due to them once it has been paid to him. Judge M Aspinall Dated: Friday, 31st May 2024REASONS
Reasons for the judgment having been given orally at the hearing, written reasons will not be provided unless a request was made by either party at the hearing, or a written request is presented by either party within 14 days of the sending of this written record of the decision.