ETZ 4(WR) EMPLOYMENT TRIBUNALS (SCOTLAND) Case No: 4100421/2021 (V) Hearing by Cloud Video Platform on April 2021 Employment Judge: M A Macleod Miss Alexandra Vig v Canon Court Apart Hotel Ltd — 2021

The claimant brought the claim on 5 February 2021 after her employment ended on 31 October 2020 by reason of redundancy linked to the ongoing impact of the coronavirus pandemic. The tribunal noted that ACAS had been notified on 15 December 2020 and that the Early Conciliation Certificate was issued on 26 January 2021, so the claim was presented in time. The respondent did not submit an ET3 response.

The redundancy payment claim failed because the claimant had been employed from 6 January 2019 until 31 October 2020, giving her less than two years' continuous service. Applying s.155 of the Employment Rights Act 1996, the tribunal held that she had no right to a redundancy payment and dismissed that claim.

The annual leave claim succeeded. The tribunal found that the respondent had confirmed on 28 September 2020 that the claimant had 27 days' accrued annual leave and that it would be paid at the end of October 2020, but no payment was made on termination. On the evidence accepted by the tribunal, the claimant's hourly rate was £8.21 and she worked 7.5 hours per day, producing an award of £1,662.50 gross, subject to lawful deductions for tax and national insurance if applicable.