Miss Rebbeca Wishart v Atik Raj — 2022

Miss Rebbeca Wishart worked as a laser and skin specialist at Skin HQ in Dock Street, Dundee from about 27 October 2021 to 18 February 2022. The tribunal accepted her evidence as truthful and found, on the balance of probabilities, that Atik Raj was her employer. Although there was reference to a wider franchise or agency arrangement involving Haroon Danis, the claimant had no contact with him and the claims against the second respondent were dismissed.

At the hearing the claimant accepted that she did not have two years' service, so her unfair dismissal claim and her claim for a redundancy payment failed. The tribunal recorded that she was not given any reason when her P45 arrived by post on 18 February 2022, but the short service point meant those claims could not succeed.

The tribunal found that January 2022 pay of about £980 net was never paid, that she also went unpaid for 1 to 18 February 2022 in the sum of £630, and that £100 had been deducted from her wages for pension contributions that were not paid over. It therefore declared an unlawful deduction of wages of £1,710 and awarded £1,730 for that claim, including a £20 late payment fee under section 24(2) of the Employment Rights Act 1996. It also awarded £226.15 as damages for breach of contract for failure to pay notice pay, making the total payment due from Mr Raj £1,956.15.