E.T. Z (WR) EMPLOYMENT TRIBUNALS (SCOTLAND) Case No: 4105451/2022 (V)5 Held at Aberdeen on December 2022 Employment Judge N M Hosie Mr R Fraser v Handmade Burger Company Limited — 2022

Mr Fraser was employed by the respondent as a chef from October 2021 until his summary dismissal on 26 July 2022. The tribunal also changed the respondent name from Aspirational Brands Ltd to Handmade Burger Co. Ltd / Handmade Burger Company Limited after the respondent’s representative explained which entity employed the claimant.

The tribunal accepted the claimant’s evidence as accurate and reliable, and noted that the sums claimed were not disputed. It found that deductions totalling £120 had been made from wages for pension contributions, but those deductions had not been paid to the pension provider, so the claim under s.23 of the Employment Rights Act was well-founded.

The tribunal further found that the respondent’s letter of 5 July 2022 acknowledged that £1,273.13 was due as notice pay and £548.42 was due as accrued holiday pay. The claimant accepted those sums were due, and the tribunal ordered payment of both amounts as damages for breach of contract and as payment in lieu of accrued holiday pay. The combined award was £1,941.55.