Case 4105470/2023 · Employment Tribunal
ETZ 4(WR) EMPLOYMENT TRIBUNALS (SCOTLAND) Case No: 4105470/2023 Held on April 2024 by CVP Employment Judge N M Hosie Miss Maria E Jolly
Miss Maria Jolly worked as a barista at the Watershed Café on the Canal in Edinburgh from 10 April 2023 to 10 August 2023. She gave evidence herself, and the tribunal found her measured, consistent, convincing, credible and reliable. On the documents and her evidence, the tribunal was satisfied that her employer was Refresh Coffee Co Ltd: the offer email came from a Refresh Coffee address, wage payments appeared on her bank statement as coming from "REF LTD T/AS L", and Companies House records showed Sue Bowman as a director.
The tribunal accepted the claimant's formal grievance dated 15 August 2023 and the accompanying calculation of outstanding wages. It accepted her evidence that Ms Bowman had acknowledged that £1,717.28 was due, and rejected Ms Bowman’s later assertion that the employer was a person called K McNeill because there was no supporting evidence for that position. It therefore held that Refresh Coffee Co Ltd had made an unlawful deduction from wages under s.23 of the Employment Rights Act 1996 and ordered payment of £1,717.28. The claim against Sue Bowman was dismissed.
The tribunal also found that the claimant had not been provided with a written statement of particulars of employment as required by s.1 ERA 1996. Because the claimant had succeeded in a claim listed in Schedule 5 of the Employment Act 2002, the tribunal said it had to award the statutory minimum of two weeks' pay. Using average weekly earnings of £218.96 for the 12 weeks before termination, it awarded £437.92. The total monetary award was £2,155.20. The tribunal also noted that the company appeared likely to be insolvent and that there was an active proposal to strike off the company.
| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Unlawful deduction from wages | Claim under s.23 ERA 1996. The tribunal found the claimant's employer was Refresh Coffee Co Ltd and that £1,717.28 was due but unpaid. | Upheld | — | £1,717 |
| Other | Failure to provide a written statement of particulars of employment under s.1 ERA 1996. The tribunal awarded the minimum amount of two weeks' pay, calculated from average weekly earnings of £218.96. | Upheld | — | £438 |
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