Sahbani v Callander t/a Torino Pizza [2023]

Background:

The claimant was employed as a pizza chef from 1^st August 2021 until 22^nd April 2022.   The claimant was noted as a ‘hard-working and reliable’ employee and that he worked with the respondent to perfect and improve the pizza product marketed by the respondent.

It was agreed by the parties that there was no main statement of terms and conditions and that the claimant was entitled to 163 holiday hours at the time he left his employment. 

The primary issue arose when the claimant was granted paternity leave.  He started the paternity leave on 7^th April and was due to return on 22^nd April.  He was paid at full pay rather than the statutory rate.