ETZ 4(WR) EMPLOYMENT TRIBUNALS (SCOTLAND) Case No: 4102775/2019 Hearing at Edinburgh on June 2019 Employment Judge: M A Macleod Jean-Marc Peria v Patisserie Maxime — 2019

Jean-Marc Peria presented a claim on 4 March 2019 complaining that he had been deprived of notice pay and holiday pay accrued at the end of his employment. The respondent did not respond, did not file an ET3, and did not attend the hearing on 12 June 2019; Mr Peria appeared in person. He said his employment began on 10 July 2017 and ended when he was told to leave without notice on 5 December 2018. He accepted that he did not have the qualifying service needed for an unfair dismissal claim, although he maintained that his dismissal was unfair.

The tribunal treated the case as concerning two heads of loss. For notice pay, Mr Peria said he earned £9 per hour and worked 45 hours per week basic, giving a one-week notice claim of £405.15. For holiday pay, he said he had taken 8 of his 28 days’ annual leave entitlement and remained due 20 days at the end of employment. On his evidence, each day was worth £81, producing a holiday pay claim of £1,620.

The tribunal accepted what Mr Peria told it, together with the payslips produced with the ET1, and held that the claim succeeded on an undefended basis. It ordered the respondent to pay £2,025 in respect of unpaid notice pay and annual leave accrued but untaken as at the date of dismissal, and described that sum as being due in respect of unlawful deductions from wages.