ETZ 4(WR) EMPLOYMENT TRIBUNALS (SCOTLAND) Case No: 4103102/2019 Hearing at Edinburgh on July 2019 Employment Judge: M A Macleod James Green v Forresters Arms — 2019

The claim was undefended because the respondent did not submit an ET3 and did not attend the hearing on 8 July 2019. On the claimant's evidence and documents, the tribunal found that he had worked as a barman for the respondent from about 20 January 2012 and was dismissed on 12 January 2019 after a fight involving customers outside the bar. He was told by David King to 'get his coat' and 'never set foot in there again'.

The tribunal held that the dismissal was unfair. No explanation was given for the dismissal, the claimant was not invited to a meeting, no allegations were put to him, he had no opportunity to respond, he did not receive a dismissal letter, and he was not given a right of appeal. The tribunal therefore upheld the unfair dismissal claim.

In remedy, the tribunal found that the claimant was 53 at dismissal, had six completed years of service, and had been paid £268.16 per week. It awarded a basic award of £2,413.44 under section 119 of the Employment Rights Act 1996, a compensatory award of £2,145.28 for eight weeks' loss until he obtained alternative work on 6 March 2019, and £350 for loss of statutory rights. It also found he was entitled to six weeks' notice pay of £1,806.96 under section 86(1)(b) of the Employment Rights Act 1996, and £53.62 for one day's accrued but untaken holiday.

The total sum ordered was £6,769.30. The Employment Protection (Recoupment of Job Seeker's Allowance and Income Support) Regulations 1996 applied, with a prescribed element of £2,145.28 covering the period from 12 January 2019 to 6 March 2019.