Mr M Salamaj v Thusa Holdings Ltd: 4117253/2018

EMPLOYMENT TRIBUNALS (SCOTLAND)
Case No 4117253/2018
Mr M SalamajClaimantThusa Holdings LimitedRespondent
Employment Judge M WhitcombeDate 31 January 2019

JUDGMENT

The judgment of the Tribunal is as follows.(1) The claimant was employed by the respondent. As an employee, the claimant was therefore also the respondent’s worker for statutory purposes.(2) This hearing is converted under rule 48 of the ET Rules of Procedure 2013 from a preliminary hearing on the issue of employment status to a final hearing of all claims and issues. I was satisfied that the respondent was not materially prejudiced by that conversion given that the only basis on which the claim was defended was a denial of employee/worker status, and because the respondent has not participated in proceedings or responded to communications since filing its very brief response. Case No.: 4117253/2018 Page 2(3) The following claims are well-founded, and I order the respondent to pay compensation to the claimant accordingly:a. Notice pay of £510 (gross);b. Holiday pay of £969 (gross);c. Arrears of pay of £4,630.98 (net).(4) The claims for unpaid travel time and interest are not well-founded and are dismissed.(5) The respondent failed to provide the claimant with a written statement of terms and conditions of his employment. The respondent is therefore ordered to pay compensation to the claimant representing two weeks’ pay at the capped weekly rate of £508, totalling £1,016 (gross).