Mr G Burt v The Custom House Hotel Ltd: 4103449/2018
JUDGMENT
OF THE EMPLOYMENT EMPLOYMENT Employment Held in Glasgow on 2 July 2018 Case No 4103449/18 shall pay to the claimant the sum of £750 (Seven TRIBUNALS (SCOTLAND) Judge: F Jane Garvie TRIBUNAL Mr J MCleary Represented Respondent In Person Represented Claimant by: by:- 25 20 15 10[10]9. 8. 7. 6. 5. 4. 3. S/41 03449/20 18 able to reach an agreement. while I checked the gov.uk website They indicated that they thought they should be The parties agreed they would have a discussion 2018. of the claimant’s employment how the notice pay could cancel out untaken holiday leave during the period as he was given paid notice and was not required to work that notice. I asked Mr McLeary suggested that the claimant had used some holiday entitlement the gov.uk website and showed the calculation to me from his mobile phone. on termination amounts he claims from the respondent by way of unpaid holiday entitlement Mr Morrison The claimant provided copies of email correspondence Neither party had complied with the Orders issued by Judge Woolfson. albeit he was late in arriving at the Tribunal. he must have received the Notice for this Final Hearing since he attended, The claimant’s position was that he did not receive the Orders and Note but held on 2 July 2018. were issued on 7 June informing the parties that the Final Hearing would be was issued under cover of letters dated12 June 2018. Judge Giles Woolfson issued Orders and a Note dated 11 June 2018. This attended but there was no appearance for or on behalf of the respondent. In this case a Final Hearing was arranged for 6 June 2018. The claimant respondent within 14 days that is by no later than 16 July 2018. it was agreed that the said payment is to be made to the claimant by the of the respondent. of employment. which was from 9 October 2017 to 28 January He also referred to having calculated this on REASONS He explained how he had calculated during a short adjournment between him and a Separately, Notices the 30 20 15 10 1 5. 14. 1 3. 1 2. 11. between the parties. Instead, Since no evidence was heard the T ribunal has not made any findings of fact. claimant within 1 4 days that is by no later than 16 July 2018. It was also agreed that the respondent will pay the agreed sum of £750 to the discuss this direct with HMRC. of £750 and if there is tax payable on this amount then the claimant will had reached agreement that the respondent As indicated, the Hearing was reconvened and I was informed that the parties respondent. reached The latter made it clear before the adjournment that if an agreement could be McLeary. paid weekly informed that the claimant was paid an annual salary of £28,000 and he was 68 hours and 44 minutes as shown on the claimant’s of the gov.uk calculation of holiday entitlement. This gave the same figure of When the Hearing was reconvened, I provided the parties with a copy each it records with the claimant then he had authority to do so on behalf of the He is not a director but provides investment advice to them. for a 40 hour working the terms of the judgment 02 July 2018 02 July 2018 FJ Garvie week, This was not disputed by Mr will pay to the claimant the sum which is made, of consent, phone. I had been