Mr A Fale v Bellini Restaurant Ltd (formerly DA Valleria & Stella Ltd): 3332253/2018 and 3335064/2018
JUDGMENT
[1]The Claimant did not attend the hearing having notified the Tribunal in advance that he would not be attending. The Tribunal was satisfied that the notice of hearing had been served upon him at his notified address and decided to proceed with the hearing in his absence. Account was taken of the contents of his ET1 claim form presented on 24 August 2018.[2]The Tribunal heard evidence on oath on behalf of the Respondent and read the ET3 response form presented on 2 October 2018 and other documents provided by the Respondent. Name of Respondent[3]The correct name of the Respondent is Bellini Restaurant Limited and the title to the proceedings is amended accordingly.[4]All other Respondents are discharged from the proceedings. Claimant’s Claim[5]The Claimant has been paid all that he is entitled to receive by way of wages and holiday pay.[6]He is not entitled to notice pay.[7]All the Claimant’s claims fail and are dismissed. Page 1 of 2 Case Numbers: 3332253/2018 3335064/2018 Respondent’s Contract Claim[8]The Respondent is not entitled to claim payments made in connection with the provision of living accommodation.[9]The Respondent is not entitled to claim payments made after the termination of the Claimant’s employment.[10]The Respondent is not entitled to claim fees which do not arise out of the contract of employment or other contract connected with employment.[11]All the Respondent’s claims fail and are dismissed. Reasons – rule 62 of Schedule 1 to the Employment Tribunals (Constitution and Rules of Procedure) Regulations 2013[12]Reasons for this judgment were given orally at the hearing. Written reasons will not be provided unless a written request is presented within 14 days of the date this judgment is sent to the parties. Public Access to Employment Tribunal Judgments[13]The parties are informed that all judgments and reasons for judgments are published, in full, online at www.gov.uk/employment-tribunal-decisions shortly after a copy has been sent to the Claimant and Respondent.