Ms L Barr v Mr A A Forrest T/a Torrance Cars: 4101461/2022
JUDGMENT
The judgment of the Employment Tribunal is that the claimant’s complaints of(a) unfair dismissal;(b) unauthorised deduction from wages;(c) breach of contract (notice pay);(d) failure to provide statement of terms and conditions; and(e) failure to issue itemised pay statements succeed and the remedy to which the claimant is entitled will be determined at a hearing. Employment Judge: Muriel Robison Date of Judgment: 21 April 2022 Entered in register: 22 April 2022 and copied to parties Active: 109426966 v 1 EMPLOYMENT TRIBUNALS (SCOTLAND) Case No: 4101461/2022 5 Remedy Hearing heard by Cloud Video Platform (CVP) on 13 June 2022 Employment Judge R Mackay Ms L Barr Claimant Represented by: 10 Ms A May - Adviser Mr Alan A Forrest t/a Torrance Cars Respondent Not Present and 15 Not Represented JUDGMENT OF THE EMPLOYMENT TRIBUNAL The Respondent shall pay to the Claimant the following sums:[1]£18,000 in respect of underpaid wages. This is a gross sum. The 20 Respondent is liable to account to HMRC for any income tax or national insurance contributions which may be due in respect of the payment.[2]£289.05 in respect of unpaid statutory sick pay.[3]£1,089.05 in respect of unpaid notice. This is a gross sum. The Respondent is liable to account to HMRC for any income tax or national insurance 25 contributions which may be due in respect of the payment.[4]£10,342.50 as compensation for unfair dismissal. This figure comprises:4.1 a basic award of £3,264;4.2 financial losses to date of £2,200;4.3 future losses of £2,310; 304.4 loss of statutory rights of £500; Active: 109426966 v 14.5 an uplift of £25% (£2,068.50) to reflect the Respondent’s failure to comply with the ACAS Code of Practice on Disciplinary and Grievance Procedures.[5]£2,176 in respect of the Respondent’s failure to provide the Claimant with a written statement 5 of particulars of employmentREASONS
Oral reasons were delivered at the Hearing.