EMPLOYMENT TRIBUNALS (SCOTLAND) Case No: 4102809/2022 (V) Held via Cloud Video Platform (CVP) in Glasgow on August 2022 Employment Judge N M Hosie Miss J Hunter v Mr A Young –10 Citizens Advice Bureau Mr Topulabavan Jeyaraja — 2022

Miss J Hunter worked for the respondent as a Sales Assistant from 6 October 2021 until she resigned on 21 January 2022 to take alternative employment. The respondent did not defend the claim. The tribunal heard evidence from the claimant, found her credible and reliable, and accepted her evidence on the length of employment, pay, and the absence of the relevant employment documents and leave payment.

On the annual leave issue, the tribunal found that the claimant worked a five-day week, earned £196 gross per week, and therefore £39.20 per day. On the basis of 15.5 weeks' employment, she accrued 8.3 days' leave on termination. The tribunal held that the claim under Regulation 30(1)(b) of the Working Time Regulations 1998 was well-founded and awarded £325.36 as payment in lieu of annual leave.

On the written particulars issue, the tribunal found that the respondent should have provided a written statement of particulars of employment when the claimant started work and did not do so. Applying s.38 of the Employment Act 2002, it awarded the statutory minimum of two weeks' pay, calculated at £392.

The judgment also recorded that the respondent failed to provide an itemised pay statement. In addition, the claimant said the respondent had later told HMRC that he had paid her £187.11 for a period in 2022 when she said she was not working for him, which had led to a Universal Credit deduction. The tribunal accepted her evidence that she had not worked for the respondent in that period, but said that this was not a matter the Employment Tribunal could consider.