Mr J E Puerta Franco v Harrow Hospitality Ltd T/a Stay Restaurant: 3200407/2024

EMPLOYMENT TRIBUNALS

Case No 3200407/2024

Between

Mr J E Puerta FrancoClaimant

Harrow Hospitality Limited t/a Stay RestaurantRespondent

Before

Employment Judge Park

Date 20 September 2024

JUDGMENT

Employment Tribunals Rules of Procedure 2013 – Rule 21

[1]The claim was issued in the East London Employment Tribunals on 19 February 2024. The respondent has failed to present a valid response on time. The Employment Judge has decided that a determination can properly be made of the claim, or part of it, in accordance with rule 21 of the Rules of Procedure.

[2]The respondent has made unauthorised deductions from the claimant’s wages and must pay the claimant £403.85 gross.

[3]The claimant was dismissed in breach of contract in respect of notice and the respondent must pay damages to the claimant of £673.07 gross.

[4]The respondent has failed to pay the claimant’s holiday entitlement and must pay the claimant £313.65 gross.

[5]The respondent did not provide the claimant with a written statement of employment particulars. The claimant has succeeded with claims under Schedule 5 Employment Act 2002. Compensation is awarded equating to two weeks’ pay. The respondent must pay the claimant £1,346.14.

[6]The respondent must pay the claimant £2,736.71 in total.

[7]The Tribunal does not have jurisdiction to hear the claimant’s claim for unfair dismissal because at the time his employment terminated he did not have two years’ Case Number: 3200407/2024 continuous service. The claimant’s claim for unfair dismissal is dismissed.