Mr M McMahon v Tilly’s Hair & Beauty — 2019

Mr M McMahon appeared in person at Glasgow on 27 June 2019 and gave evidence with documents. Tilly’s Hair & Beauty did not lodge an ET3 and did not appear, so the case proceeded undefended. The tribunal accepted the claimant’s evidence as credible and reliable.

The tribunal awarded £102 for wages due but unpaid. It accepted that this comprised four separate shortfalls: £30 due around New Year 2019, £36 for 1.5 hours worked on several occasions over a three-to-four week period, £16 for two extra hours worked on 12 March 2019, and £20 for a further underpayment also relating to 12 March 2019.

The tribunal found that the claimant was dismissed without notice and was entitled to one week’s pay in lieu, assessed at £144. It also found that the relevant holiday year ran from January to December, that the claimant had accrued 7 days' leave by dismissal on 4 April 2019, and that after taking 4 days he had 3 days untaken leave, worth £168 on the basis of £8 per hour for 7 hours per day.

The tribunal awarded £22.40 for bank charges shown on the claimant’s bank statements as financial loss attributable to late or non-payment of sums due. It held that the claimant did not have two years’ service and was therefore unable to bring a claim of unfair dismissal, and it noted that no whistleblowing or discriminatory basis for dismissal was identified. The sums above were stated to comprise the claimant’s case.