Miss Brooke Shanks v Heat Source Solutions Ltd — 2019

Miss Brooke Shanks worked for Heat Source Solutions Ltd from 26 February 2018 to 9 February 2019 as the Design Technician at the respondent's Clerwood showroom. The respondent did not appear at the final hearing. The tribunal found that she had not been given written terms and conditions, had not been issued with wage slips, had not been offered a pension scheme or employer contributions, and had not been paid on time in several months. It also found that she had 3 days of accrued untaken holiday when she resigned.

On the contractual and pay claims, the tribunal awarded £1,246 for the failure to provide written terms of employment, noting that the claimant would have been entitled to 2 weeks' pay and that it was just and equitable to increase this to 4 weeks' pay. It awarded £311.50 for 7 days of unpaid wages, £311.50 for the failure to make the required pension contributions, and £133.50 for accrued holiday pay. The tribunal stated that there was no separate compensation provision for the failure to provide itemised pay statements. The total award under these heads was £2,002.50.

On age discrimination, the tribunal accepted the claimant's evidence that in early December 2018 she was told a showroom supervisor would be recruited and that the reason given was that she was "only 21" and the job was "too much responsibility" for someone of her age. It held that this was less favourable treatment because of age, and that there was no evidence of a proportionate legitimate aim. The tribunal awarded £1,000 for injury to feelings, applying Vento and subsequent Presidential guidance.