ETZ 4(WR) IN THE EMPLOYMENT TRIBUNAL (SCOTLAND) AT EDINBURGH Order and Judgment of the Tribunal in Case No: 4101979/2020 (A) Issued Following Closed Preliminary Hearing and converted Final Hearing Held at Edinburgh on st July 2020, by Telephone Conference, at pm Employment Judge J G d’Inverno Miss J Burgess v The Dug House Ltd — 2020

The claimant sought recovery of £1,112.35 said to be outstanding as accrued holiday pay at the effective date of termination, 16 January 2020. The respondent company had ceased trading and was represented by its director, Ms Josalin Greig. The tribunal recorded that the parties agreed the respondent was due and resting owing the claimant the sum claimed as compensation for accrued but untaken paid annual leave entitlement.

The tribunal held that the claim was a statutory claim under the Working Time (Annual Leave) Regulations, not a contractual claim. It rejected the position implicit in the respondent’s ET3 that any matters advanced would found a damages claim for breach of contract in the Employment Tribunal, stating that such a counterclaim would need to be pursued in the Sheriff Court. The tribunal found that no relevant defence to the claim had been advanced and noted the director’s express concession that the sum was due and owing.

By consent, and being satisfied it was just, equitable and proportionate to do so, the tribunal converted the closed preliminary hearing to a final hearing under Rule 64 and entered judgment for the claimant in the agreed sum of £1,112.35. It also directed that an additional copy of the judgment and the enforcement information booklet be sent to the respondent’s director at her home address.