Claimant v Skin Scotland Ltd — 2018

Mrs Michelle Dubois was employed by Skin Scotland Ltd from 5 January to 2 February 2018 on a six-month probationary basis. She took agreed holiday from 23 to 30 January and, after returning, was kept waiting for two working days before being told on 2 February 2018 that she was dismissed. The company was in liquidation, the liquidator consented to the proceedings, and no ET3 response was lodged. The tribunal also amended the respondent's name to Skin Scotland Ltd (In Liquidation).

The tribunal accepted the claimant's evidence on loss. It found that she had worked 88.5 hours between 5 and 20 January 2018 at £7.50 per hour and had not been paid at all for that work, producing unpaid wages of £663.75, rounded to £664. It also found that she was entitled to be paid for the two days she was kept waiting before dismissal, calculated at 8 hours per day at £7.50 per hour, giving £120. A further £240 was allowed for January tax credit loss caused by the respondent's failure to pay her salary, bringing the total January arrears to £1,024.

The tribunal further found that the claimant had accrued two days' annual leave during the employment and had not been paid £120 for that leave on termination. It also accepted that she had paid £360 for February childcare costs up front, that the sum was non-returnable, and that she had reasonably incurred that loss because she was not able to find alternative work in February to cover it. Judgment was therefore entered for £1,024 for unlawful deduction from wages, £120 for unpaid holiday pay, and £340 for breach of contract, making a total award of £1,484.