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3312962/2022Partially Successful

JD Wetherspoons plc

3 May 2023ScotlandL Wiseman
GOV.UK

Case Summary

The claimant brought claims for unfair dismissal, holiday pay, and payment for shares. The unfair dismissal and redundancy claims were dismissed earlier. The tribunal found the claimant was not entitled to payment for additional 'loyalty' holidays or shares, but was entitled to 2 days' outstanding holiday pay.

Key Issues

  • dismissal for gross misconduct
  • holiday pay
  • share payment

Claim Types

Cited Laws and Legal Issues

Employment Rights Act 1996 unfair dismissalEmployment Rights Act 1996

The claimant brought claims for unfair dismissal, holiday pay, and payment for shares. The unfair dismis

Working Time Regulations 1998Working Time Regulations 1998

The claimant brought claims for unfair dismissal, holiday pay, and payment for shares. The unfair dismissal and redun

Decision Text

EMPLOYMENT TRIBUNALS (SCOTLAND) Case No: 3312962/2022 Held in Glasgow on 3 May 2023 Employment Judge L Wiseman 5 Ms D Wilson Claimant In Person 10 JD Wetherspoons Plc Respondent Represented by: Ms R King – Senior Personnel 15 Manager JUDGMENT OF THE EMPLOYMENT TRIBUNAL The Tribunal decided to dismiss the claim. REASONS 20 1. The claimant presented a claim to the Employment Tribunal on the 31 October 2022 alleging she had been unfairly dismissed and was due to be paid holiday pay, redundancy pay and a payment in respect of shares. 2. The respondent entered a response admitting the claimant had been dismissed for reasons of gross misconduct but denying the dismissal was 25 unfair. The respondent confirmed all payments due to the claimant had been paid. 3. A case management preliminary hearing took place on the 22 February 2022 at which the claimant confirmed she no longer wished to proceed with the unfair dismissal claim, and so this claim was dismissed. The claim in respect 30 of a redundancy payment was also dismissed. The claimant was ordered to provide information to the respondent regarding her claim for holiday pay. The 3312962/2022 Page 2 claimant provided information on the 14 March, in which she stated she was claiming 19.5 days holiday pay and payment for shares. 4. I heard evidence from the claimant and Ms King and I was referred to some documents produced by Ms King. I, on the basis of the evidence before me, made the following material findings of fact. 5 Findings of fact 5. The claimant commenced employment for the respondent in August 2010 as a Cleaner. She subsequently took on waitressing duties. 6...

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Employer

Respondent

JD Wetherspoons plc

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Case Details

Case Number
3312962/2022
Tribunal
Employment Tribunal
Level
First instance
Decision Date
03/05/2023
Published
22/05/2023
Jurisdiction
Scotland
Judge
L Wiseman