Southend Rossi's Ice Cream loses employment tribunal

Rossi Ice Cream in Purdeys Way was taken to an employment tribunal in a dispute over £906.50 of owed holiday pay by former employee Tony Murray.

Mr Murray argued he had an agreement with the firm his holiday pay would be paid out as net pay – what an employee earns after taxes and withholdings – rather than as gross pay, and as a result of the Rossi Ice Cream doing the opposite, he had lost out on cash.

The employment tribunal judge ruled in Mr Murray’s favour and ordered the firm to pay him £906.50 after hearing evidence from Mr Murray and Rossi’s commercial director.

Mr Murray had previously worked for Brentwood-based bakery McCarthy’s Country Stores but had his employment transferred to Rossi Ice Cream in December 2021 after it was taken over by Rossi Ice Cream.

Following the transfer the claimant was promoted to general manager and £57,000 a year, tribunal documents state.

Prior to the takeover, Mr Murray was paid £600 per week net in cash.

He had accrued 25 days holiday for the year 2021; Rossi Ice Cream agreed to pay £2,988.50 for the outstanding holiday but wanted to spread the payments over a six-month period.

The claimant told the tribunal he had calculated his net pay for the 25 days at approximately £3,000 based on his net pay of £600 and had agreed to that figure.

“However he was absolutely clear that the figure agreed was for a net amount,” the tribunal report states.

Rossi Ice Cream argued the agreement was to pay the claimant a gross figure of £2988.50, not a net figure.

But the tribunal judge stated: “There is no evidence to support that assertion.”

When Mr Murray received his first two instalments of pay, the figure had been taxed at source and was in fact gross rather than net.

Het complained by email immediately and has maintained the position he was entitled to be paid the figure net.

Following a dispute over the agreement, Mr Murray resigns, the tribunal heard.

Rossi Ice Cream has been contacted for comment.