Mrs Natalie Bruce v Dayers and Crown Partnership and Others (England and Wales : Breach of Contract) -[2020] UKET 3203149/2019- (16 December 2020)

BAILII

Automated Summary

Key Facts

Mrs Natalie Bruce successfully claimed breach of contract for notice pay and unpaid holiday pay under the Working Time Regulations 1998 against three respondents: Dayers and Crown Partnership, Dayers Fine Food Limited, and Dayer and Valler Partners Limited. The Employment Tribunal, presided over by Judge G Tobin, awarded a total of £4,753.16 (gross) on 16 December 2020.

Issues

  • The claimant was awarded 12 weeks' notice pay of £2,955.60 for breach of contract.
  • The claimant was awarded unpaid holiday pay of £1,797.56 (after accounting for a previous overpayment of £188.45) pursuant to the Working Time Regulations 1998.

Holdings

  • The Employment Tribunal ruled that the claimant succeeded on her outstanding holiday pay claim under the Working Time Regulations 1998.
  • The Employment Tribunal ruled that the claimant succeeded on her notice pay claim, finding a breach of contract by the respondents.

Remedies

  • Awarded 12-weeks' notice pay for breach of contract, amounting to £2,955.60 (gross).
  • Awarded unpaid holiday pay under the Working Time Regulations 1998, amounting to £1,797.56 (gross) after accounting for a previous overpayment of £188.45.

Monetary Damages

4753.16

Legal Principles

  • The court found the respondent breached the employment contract by failing to provide the required notice pay, entitling the claimant to 12 weeks' notice pay.
  • The court awarded unpaid holiday pay to the claimant based on the Working Time Regulations 1998, after adjusting for a previous overpayment of £188.45.

Cited Statute

Working Time Regulations 1998

Judge Name

G Tobin

Passage Text

  • This is a single Judgment debt, for which the respondents are jointly or severally responsible.
  • Upon hearing the evidence of the claimant and submissions from the respondents' representative and having considered the bundle of documents prepared for the hearing: the claimant succeeds in her claims for her notice pay (i.e. breach of contract) and for her outstanding holiday pay (pursuant to the Working Time Regulations 1998).