Mrs M Surdel v Fascinating Gourmet Ltd: 2404124/2017
JUDGMENT
[1]The claimant is entitled to be paid for two days’ holiday on 10 and 11 July 2017 in the sum of £155.54 (£77.77 x 2).[2]The claimant was dismissed by the respondent on 27 July 2017 and the claimant is entitled to one week’s pay in lieu of notice equivalent to one week’s statutory sick pay because the claimant had a sick note for the period 27 July 2017 to 3 August 2017 in the sum of £89.35.[3]The claimant is entitled to one week’s pay for the week commencing 3 July 2017 of £233.30 net plus one day’s pay for week commencing 10 July 2017 in the sum of £77.77 (10 and 11 July), and holiday pay when the claimant did not work (see above) in the sum of £311.08. (The Tribunal has taken into account that the respondent is not entitled to unilaterally vary the hours in the claimant's contract of employment.[4]The Employment Tribunal does not have jurisdiction to determine a claim for statutory sick pay for week commencing 17 July 2017 and week commencing 24 July 2017. Such a claim should be taken to Her Majesty’s Revenue & Customs (“HMRC”), in the first instance to HMRC Statutory Payment Dispute Team.