Claimant v Simon Driscoll Consultancy Limited — 2019

The case called for hearing in Glasgow on 5 June 2019. All three claimants were present; the respondents were not present and had not lodged an ET3, so the hearing proceeded undefended. The tribunal had earlier explained the position on late presentation of an ET3, but none was filed. It heard evidence from Mr Thompson, Mrs Cameron and Ms Laing, and found them credible and reliable. Their evidence was supported by contracts, bank statements, termination correspondence and payslips where available.

Mr Thompson was found not to have been paid for the period he worked in November 2018. The tribunal calculated his pro rata wages at £3,972.22 gross and ordered that sum to be paid. It also found that he resigned on one month’s notice, that the respondents accepted the resignation with immediate effect, and that this amounted to dismissal. Because no notice pay was paid, he was awarded £1,057.69 gross, which the tribunal described as a breach of contract.

Mrs Cameron was found to have worked in November 2018 without receiving payment for that month, and the tribunal awarded her £1,554.60 gross. Ms Laing was found to have worked for a short period and then resigned. A letter confirming acceptance of her resignation also recorded sums due to her, and the tribunal accepted that Mr Thompson, who signed the letter as chief operating officer, had authority to do so. Ms Laing was awarded £2,500 gross wages, £16.67 for mobile phone charges and £118.83 in commission. The total sums ordered paid were £9,220.01 gross.