EMPLOYMENT TRIBUNALS (SCOTLAND) Case No: 4102371/2017 Held in Glasgow on October 2017 Employment Judge: lain F. Atack v Mrs L Crolla KMT Cleaning Services Ltd. — 2017

Mrs L Crolla began work for KMT Cleaning on 10 October 2016 and continued for KMT Cleaning Services Ltd after the business was taken over. The tribunal found that KMT Cleaning Services Ltd ceased trading on 14 July 2017, that KMT Prestige Ltd was a separate legal entity, and that the claimant's employment ended on 12 July 2017 without notice. The claimant was absent from work because of ill-health from 22 May 2017 until termination.

The claim for accrued but untaken annual leave failed. The tribunal held that leave from the 2016 holiday year could not be carried over because the claimant had not taken holidays or been unable to do so through long-term absence, and that in 2017 she had already taken 48 hours of holiday, so her annual leave entitlement was exhausted.

The tribunal upheld the notice pay claim and both unlawful deduction claims. It held that the claimant was entitled to one week's notice under section 86(1)(a) of the Employment Rights Act 1996, and that because she was ill during the notice period her right to payment was protected by section 88(1)(b). She should have received £128 for notice but had been paid £89.35, leaving £30.65 due. It also found an unpaid week of 'lying time' worth £128 and a statutory sick pay shortfall: £250.18 had been paid, but £625.45 was due for the seven-week period to 12 July 2017, leaving £375.27 outstanding. The orders therefore total £533.92.