Mr F J Bueno Cantarero v Tru Street Food Ltd: 2404642/2019
JUDGMENT
[1]Leave is granted to amend the name of the respondent to Tru Street Food Limited.[2]The claimant’s claim for failure to pay accrued but untaken holidays on termination of employment is well-founded and succeeds. I order the respondent to pay the claimant £431.32 within 14 days of the date of this Judgment. The calculation is 52.6 hours x £8.20 (£7.70 National Minimum Wage plus 50 pence share of gratuities per hour).[3]The respondent failed to deal with the claimant's written grievance concerning his holiday pay. I therefore uplift the sum owed to the claimant by 20% for failure to follow ACAS Code of Practice and so the respondent must pay the claimant £86.26 within 14 days of the date of this Judgment.[4]The respondent failed to provide the claimant with written particulars of employment. I order the respondent to pay the claimant £721.60 which is two week’s wages (44 hours x £8.20 = £360.80 x 2) within 14 days of the date of this Judgment.[5]The full sum payable by the respondent to the claimant within 14 days of the date of this Judgment is £1,239.18.