ETZ 4(WR) EMPLOYMENT TRIBUNALS (SCOTLAND) Case No: 4100135/2024 & 8000105/2024 Hearing by Cloud Video Platform at Edinburgh on April 2024 Employment Judge: M A Macleod C Stobie v Sandemans — 2024

The tribunal heard that the claimant started work as a solicitor on 24 October 2023 and that her employment ended by telephone on 21 December 2023. It excluded late-produced documents tendered by the claimant shortly before the hearing, then heard evidence from both parties. The tribunal found the relationship had broken down and that there was confusion about the dismissal, the annual leave position, and the expenses process.

On the holiday pay issue, the tribunal accepted that the claimant had not taken annual leave during employment. It rejected the respondent's argument that payment to the end of December 2023 meant the claimant had been paid for annual leave, finding that there had been no clear notice or agreement that the period after 21 December 2023 was to count as annual leave. Applying regulation 14 of the Working Time Regulations, the tribunal held that the claimant was entitled to a payment in lieu of untaken leave and calculated this by reference to 4.6 days at £103.11 per day, producing an award of £474.31.

On expenses and outlays, the tribunal found that the respondent accepted some sums were due, identifying £174.60 in its letter of 10 January 2024. It also noted that the respondent sought to deduct the balance of the practising certificate fee, said to be £424.48, from any sums owed to the claimant. The tribunal found no evidence of any contractual right or written authority allowing that set-off, held that the respondent was in breach of contract by not paying the admitted expenses, and ordered payment of £174.60.

The separate claim about a written statement of terms and conditions failed. Although the claimant said she had never seen the document, the tribunal accepted that the respondent had prepared a written statement and left it in the office. It concluded that this did not amount to a failure to provide a written statement of terms and conditions of employment, and dismissed that claim.