Tinnion Miss Amanda Feeney v Ms. Amanda Dallas t/a “La Grande Boutique” — 2022

The tribunal proceeded with the final hearing in the respondent's absence after noting that she had been on notice of the hearing, had emailed that she would be abroad from 15 December 2021 to 13 January 2022, and had not requested an adjournment. The claimant appeared in person. The judge recorded that reasons were given orally at the hearing and that written reasons would not be provided unless requested.

On the wage limitation point, the tribunal found that the claimant had not received any payslips until after her dismissal on 8 June 2020. It was therefore not reasonably practicable for her to present the wage complaint covering 15 January to 4 February 2020 within the normal three-month period, and the complaint was presented within a further reasonable period.

The tribunal upheld two complaints of unlawful deduction from wages. It found that the period 15 January to 4 February 2020 involved an underpayment of £16.42 per week, leading to an award of £49.26, and that the period 4 March to 8 June 2020 involved an underpayment of £71.25 per week, leading to an award of £987.32.

The tribunal also upheld the claimant's breach of contract / wrongful summary dismissal complaint under article 6 of the Employment Tribunals Extension of Jurisdiction (Scotland) Order 1994 and awarded £241.16, being one week's notice pay. It further upheld the holiday pay complaint under ss.13(1)-23(1) ERA 1996 and/or r.14(2) of the Working Time Regulations 1998, finding that the claimant had accrued 16 days' holiday, taken 7 days, and therefore had 9 days outstanding as at 8 June 2020, valued at £60.29 per day.

The total sum ordered was £1,820.35, made up of £49.26, £987.32, £241.16 and £542.61. No separate basic award, compensatory award, injury to feelings award or interest was recorded.