EMPLOYMENT TRIBUNALS (SCOTLAND) Case No: 4102723/2024 Held in Glasgow via Cloud Video Platform (CVP) on April 2024 Employment Judge N M Hosie Mrs Kirstin O’Donnell v Represented by:10 Mr N Paterson - Solicitor RT Online Services Ltd — 2024

Mrs Kirstin O'Donnell brought claims after resigning on 25 August 2023 from RT Online Services Ltd, where she had started work on 27 July 2023 as a "Vaped 4 U Manager". The respondent did not lodge an ET3 response and the case proceeded undefended. The tribunal heard evidence from the claimant, found her to be credible and reliable, and accepted the documentary productions.

On wages, the tribunal accepted the claimant's Schedule of Loss and the payslips. It found that for August 2023 she worked 12 days at 9 hours per day and should have been paid £1,518.48 gross, but received only £420.30 gross/net, less £45 for a uniform deduction. The tribunal held that £1,094.48 had been unlawfully deducted from her wages under s.23 of the Employment Rights Act 1996.

The tribunal also accepted the calculation for accrued holiday pay. It found that, after one month of employment, the claimant had accrued 20.97 hours of statutory holiday entitlement, which at her hourly rate of £14.06 equated to £294.84 gross. In addition, the tribunal found that she had not been given a written statement of particulars of employment as required by s.1 of the Employment Rights Act 1996.

Because the claimant succeeded on claims listed in Schedule 5 of the Employment Act 2002, the tribunal awarded the statutory minimum of two weeks' pay for the failure to provide written particulars. It accepted that one week's pay was £632.88 and therefore awarded £1,265.76 for that failure. The total award made by the tribunal was £2,655.08.