Mr P Petkov v Bath Group Ltd: 3320272/2019

EMPLOYMENT TRIBUNALS
Case No 3320272/2019
Mr P PetkovClaimantBath Group LtdRespondent
Employment Judge Shastri-HurstDate 17 August 2021

JUDGMENT

[1]The claimant does not have the requisite qualifying service to pursue an unfair dismissal claim under ss94/108 Employment Rights Act 1996 (“ERA”). His unfair dismissal claim is therefore dismissed.[2]The claimant’s claim for holiday pay under the Working Time Regulations 1998 is well founded and succeeds.[3]The claimant’s claim for breach of contract regarding notice pay is wellfounded and succeeds.[4]The respondent was in breach of its duty under s1 ERA to provide a statement of initial employment particulars. See the attached Schedule for relevant terms that were omitted.[5]The respondent was in breach of its duty under s8 ERA to provide an itemised pay statement for the month of April 2019.[6]The claimant’s remaining pay claims under s23 ERA (regarding overpayment of tax, discrepancies in pay slips and shortfall in pension contributions) are dismissed upon the claimant not seeking to pursue them.[7]The Respondent is ordered to pay the following sums to the claimant: 7.1. Sums for holiday pay under paragraph 2: £737.55 (this is a gross figure; any tax liability on this figure will be the responsibility of the claimant). 7.2. Damages for breach of contract under paragraph 3: £491.70 (this is a gross figure; on this figure, the deduction of income tax and national insurance contributions are to be paid by the Respondent, who is to account for those deducted monies to the Inland Revenue). 7.3. For failure to provide a statement of initial employment particulars under paragraph 4, a sum equivalent of 2 weeks’ pay: £983.40 (this is a gross figure; any tax liability on this figure will be the responsibility of the claimant).[8]The sums under paragraph 7 are to be paid to the claimant within 14 days of the date on which this order is sent to the parties (see below).