EMPLOYMENT TRIBUNALS (SCOTLAND) Case No: 4102805/2023 Held via Cloud Video Platform (CVP) in Glasgow on October 2023 Employment Judge W A Meiklejohn Miss Ieva Vaisiauskaite v T.O.P Car Parts Ltd — 2023

The claimant, Miss Ieva Vaisiauskaite, worked for T.O.P Car Parts Ltd from 22 November 2022, based at home, for 48 hours per week at £12 per hour. The respondent did not appear at the final hearing. The tribunal found the claimant to be a credible witness and heard her evidence with the assistance of a Lithuanian interpreter.

The unfair dismissal claim was dismissed because the tribunal found it had no jurisdiction. The claimant had not completed two years' continuous employment by the effective date of termination, and no statutory exception applied. The tribunal also noted that, although the claimant had said in her ET1 that she was dismissed without notice, she became aware around 17 March 2023 that her employment was ending and then continued working until 31 March 2023, so there was no breach of the statutory minimum notice period.

The tribunal accepted the claimant's evidence that she had not been paid for work between 17 and 31 March 2023, despite payslips showing net pay of £481.20 per week. It therefore upheld the unlawful deduction from wages claim and awarded £962.40 net, with the respondent to account to HMRC for the appropriate tax and employee National Insurance.

The tribunal also accepted that the claimant's final payslip showed accrued holiday entitlement of 64.62 hours. Applying the hourly rate of £12, it upheld the holiday pay claim and awarded £775.44 gross. Separately, the tribunal found that the respondent had failed to provide a written statement of initial employment particulars, and under section 38 of the Employment Act 2002 it made an award of four weeks' pay. Using the statutory weekly cap of £571, that award was £2,284.