Mrs M Dubois v Skin Scotland Ltd (in Liquidation): 4104278/2018
[2]The correct name of the respondent as stated by the liquidator is Skin Scotland Ltd (In Liquidation) and the respondent’s name is amended accordingly. The company formerly traded as Medica Skin and had its registered office at 84 Renfield Street Glasgow G2 1NQ.[3]I heard evidence from the claimant regarding her loss, which I accepted. Findings in fact . r _*..r - *• ***<»* ♦ M/"*- J1. * *[4]The following facts were admitted or found to be proved:[5]The claimant was employed by the respondent from 5 January to 2 February 2018. She was taken on by the respondent for a six-month probationary period, with the intention that she would be kept on thereafter if she passed the probation. On 23 January the claimant went on a prearranged and agreed holiday until 30 January. On her return from holiday she was kept waiting for two working days before being told on 2 February 2018 that she i*was dismissed. The claimant’s agreed rate of pay was £7.50 per hour. She worked for a total of 88.5 hours between 5 and 20 January for which she was not paid 4104278/2018 Page 3 at all. She is owed £663.75 for these hours worked. This comes to £664 rounded to the nearest whole pound.[6]The claimant is also entitled to be paid for the two days she was kept waiting 5 before being told of her dismissal. Her average shift was 8 hours. 8 x £7.50 x 2 = £120. The claimant paid £360 for childcare for January 2018, £240 of which would have been covered by tax credits had the respondent paid her salary as required under the contract. She is entitled to be reimbursed for the January tax credit lost as a result of their breach of contract in failing to pay io her. Thus, the total arrears of pay owed by the respondent to the claimant for the month of January 2018 come to £664 + £120 + £240 = £1 ,024.[7]The claimant accrued two days’ annual leave during the period of her employment. 8 x £7.50 x 2 = £120. This sum was due and payable to the 15 claimant on termination of her employment and has not been paid.[8]Finally, the claimant was taken on by the respondent for an initial six-month probationary period. She was required to pay her February childcare costs of £360 up front to the Gowdie Club, her childcare provider. This sum was non- 20 returnable. The claimant was not able to find alternative work irt February to cover the childcare costs incurred. She reasonably claims this sum as a mitigated loss arising from the respondent’s breach of her contract. Discussion and Decision[9]The claimant is, in my view entitled to the sums set out above for the reasons 25 given and judgment is pronounced accordingly. Employment Judge: M Kearns Date of Judgment: 05 October 2018 Entered in register: 15 October 2018 and copied to parties