ETZ 4(WR) EMPLOYMENT TRIBUNALS (SCOTLAND) Case Nos: 4105112/2016, 4105113/2016 & 4105115/2016 Hearing at Edinburgh on March 20175 Employment Judge: M A Macleod (sitting alone) Sarah-Jane Baxter v Not Present EIH Systems Ltd — 2017

The three claimants brought a joint ET1 saying that they had been unlawfully deprived of wages by the respondent and that they had been unfairly dismissed. The respondent did not present an ET3. Ms Baxter and Mr Young attended the hearing on 2 March 2017; Mr Henderson did not attend.

For Ms Baxter, the tribunal found that the written contract was unsatisfactory, that her pay was £1,272 per month net, and that there had been underpayment in May 2016 with no salary paid for June or July 2016. It also noted a £1,000 payment made on 12 December 2016 without explanation. The tribunal awarded £1,683.20 for arrears of pay after crediting that payment, £1,174.16 for four weeks' notice pay, and £606.47 for accrued but untaken annual leave, making a total of £3,463.83. The tribunal also recorded that Ms Baxter did not have the qualifying service needed for an unfair dismissal claim.

For Mr Young, the tribunal found that he had been paid £1,272 per month and that he was due a gross salary of £20,000 subject to deductions. It accepted the claim for unpaid wages, with a payment of £1,275 made on 12 December 2016 taken into account, and awarded £728 for unpaid wages, £1,174.16 for four weeks' notice pay, and £587.10 for accrued but untaken annual leave, making a total of £2,489.26.

Mr Henderson did not attend and did not respond to the tribunal's letter asking him to answer questions after the hearing. The tribunal said there was no basis on which it could make any award to him, that he had failed to pursue the claim, and that there was no evidence from him on which a decision could properly be made. His claim was dismissed.