E.T. Z (WR) EMPLOYMENT TRIBUNALS (SCOTLAND) Case No: 4102786/2019 Held in Glasgow on May 2019 Employment Judge: W A Meiklejohn Mr Ross Potter v Pentland Joinery & Construction Ltd — 2019

The claimant, Mr Ross Potter, appeared in person. The respondent did not enter appearance or representation and had not submitted a response. The tribunal therefore dealt with the claim at final hearing on the basis of the claimant’s ET1, his contract of employment, and the limited clarification obtained at hearing.

The tribunal recorded that Mr Potter had been absent from work from 3 December 2018 following a non-work-related accident and that he was dismissed without notice on 29 January 2019. He had received two payments which he understood related to Statutory Sick Pay, but he could not reconcile them precisely with his period of absence. He had no entitlement to contractual sick pay.

While he was medically certified as unfit for work, four public holidays covered by his contract occurred, namely 25 and 26 December 2018 and 1 and 2 January 2019. The tribunal accepted that he had not been paid for those holidays. It also accepted that the dismissal without notice was in breach of contract, entitling him to one week’s net pay in lieu of notice.

The tribunal awarded £363.00 for notice pay and £290.40 for the unpaid public holidays, calculated as four days’ net pay at £72.60 per day. It also noted that it had no jurisdiction to determine any alleged underpayment of Statutory Sick Pay or any non-payment of pension contributions under auto-enrolment to the relevant provider.