EMPLOYMENT TRIBUNALS (SCOTLAND)5 Case No: 4105349/2020 Hearing Held by Cloud Video Platform (CVP) on August 2021 Employment Judge - A Strain Ms W Wallace v A Gul — 2021

At a CVP hearing on 9 August 2021, the tribunal found that the respondent, an individual who owned and operated the cafe business No 1 at 1 Bernard Street, Edinburgh, was the claimant's employer. It accepted the claimant's evidence that she had been employed from 20 November 2017 as shop manager, worked 40 hours per week, took instructions directly from the respondent, was paid through his personal bank account, and had never been given a contract, P60 or P45. The tribunal accepted the claimant and her daughter's evidence as credible and reliable and rejected the respondent's account of Berno Limited and Redon Limited as vague and unreliable.

On the money claims, the tribunal found that the claimant had been underpaid. The written reasons record an underpayment of £410.70 to March 2020 and a further £3,673.58 net underpayment from 1 April 2020 to termination on 18 July 2020. It also found entitlement to 2 weeks' statutory notice pay of £613.92 and 8 days' accrued holiday pay of £491.14. The judgment states a total monetary award of £4,778.64.

The unfair dismissal claim was dismissed. At the start of the hearing the tribunal noted that the only claims being pursued were underpayments of pay, notice pay and holiday pay.