EMPLOYMENT TRIBUNALS (SCOTLAND) Case No: 4103157/2023 Held at Aberdeen on August 2024 Employment Judge N M Hosie Mr Piotr Majchrzyk v Nerida Ltd (In Creditors’ Voluntary Liquidation) — 2024

Mr Piotr Majchrzyk gave evidence through a Polish interpreter and the respondent did not appear. The tribunal accepted his evidence as credible and reliable. On limitation, despite the P45 showing a later leaving date, the tribunal found the effective date of termination was 26 January 2023 and held it had jurisdiction because it had not been reasonably practicable for him to present the claim within three months: he was Polish, did not speak English, did not know of the tribunal route or time limit, and a friend completed the claim online.

On the substantive money claims, the tribunal found the claimant had been employed from 16 August 2022 to 26 January 2023 and dismissed summarily without notice. It calculated average monthly pay at £4,807, assessed wages due for the relevant January period at £4,032, and after a payment of £752 found an unlawful deduction from wages of £3,280 under s.23 ERA 1996. It also found he had taken no annual leave and was entitled on termination to payment in lieu of 117.90 hours accrued leave at £22 per hour, totalling £2,593.80 under regulation 30(1)(b) of the Working Time Regulations 1998.

The tribunal held the claimant was entitled to one week's statutory notice because of his length of service, so the summary dismissal was a breach of contract and damages were assessed at £818 net pay. It further found that he had not been given a written statement of particulars of employment contrary to s.1 ERA 1996 and, because the successful claims fell within Schedule 5 of the Employment Act 2002, awarded the statutory minimum of two weeks' pay, calculated at £643 per week and therefore £1,286. The judgment noted that the respondent was in liquidation and directed the claimant to contact the Insolvency Service in relation to payment.