ETZ 4(WR) EMPLOYMENT TRIBUNALS (SCOTLAND) Case No: 4104863/2024 Hearing by Cloud Video Platform (CVP) at Edinburgh on December 2024 Employment Judge: M A Macleod Jamie Cochrane v Represented by Mr R Lawson Solicitor Satine Edinburgh Limited — 2025

Jamie Cochrane began work for Satine Edinburgh Ltd as Head Chef on 5 July 2023 under a permanent full-time contract on £35,000 per annum. The tribunal recorded that the employment ended in circumstances disputed by the parties. Mr Cochrane said he resigned by email on 25 November 2023 giving four weeks' notice; Ms Gillespie said he was dismissed for gross misconduct. The tribunal preferred Mr Cochrane's evidence, found Ms Gillespie's account inconsistent, and found that two letters said to invite him to disciplinary meetings had not been shown to have been received and could not be found to have been sent at the time.

The tribunal found that Mr Cochrane's employment ended when he resigned with notice on 25 November 2023, and that he continued to work until Ms Gillespie required him to hand in his keys and expenses card on 17 December 2023. It accepted that he should have been paid £2,916.67 gross for the period from 25 November to 23 December 2023, but he had been paid only £1,458.34 gross. The shortfall of £1,458.34 gross was therefore an unlawful deduction from wages, and the respondent was ordered to pay that sum subject to deduction of tax and national insurance.

The claimant's holiday pay claim had been withdrawn and dismissed before the hearing, so the tribunal did not determine that issue. It also rejected any ACAS Code uplift, holding that the claimant's grievance was raised after employment had ended and that an uplift would not be in the interests of justice on the facts found.