Case 4105505/2020 · Employment Tribunal
Claimant v Calum Grant The Hair Designers (CGTHD Ltd) — 2021
- Case reference
- 4105505/2020
- Decision date
- 22 January 2021
- Jurisdiction
- Scotland
- Judge
- Employment Judge A Jones
Parties
2 namedClaimant
Claimant
Key findings
Tribunal's reasoningThe claimant started work at the respondent's hair salon on 19 August 2018 as a 'Saturday girl' when she was 15. The tribunal found that no contract or written terms were provided, that no local authority permit had been obtained for her employment when she was 15, and that she was employed rather than being a casual worker. It also found that her employment continued through the period when the salon was closed during the Covid pandemic, and that on 1 September 2020 Mr Grant told her by phone that she was no longer required.
On holiday pay, the tribunal applied Addison and another (trading as Brayton News) v Ashby [2003] ICR 667 and held that the claimant did not accrue annual leave or payment in lieu of annual leave before she turned 16 on 31 May 2019. It rejected the respondent's case that her cash payments included rolled-up holiday pay. The tribunal found that leave continued to accrue after she turned 16, including during the period when she was not working because the employment relationship remained in place. It awarded £252 for accrued but untaken annual leave, made up of £84 for 1.4 weeks and £168 for 5.6 weeks.
On notice pay, the tribunal relied on section 86 of the Employment Rights Act 1996 and found that the claimant was an employee with continuous service. It rejected the respondent's argument that she was only a casual worker and held that she was entitled to two weeks' notice on termination. It therefore awarded £60 in lieu of notice. The total awards made were £252 for holiday pay and £60 for notice pay, totalling £312.
Claims and outcomes
2 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Working time regulations | The tribunal held that the claimant did not accrue annual leave before she reached 16, rejected the respondent's rolled-up holiday pay argument, and awarded unpaid holiday pay for leave accrued from 31 May 2019 to termination. | Upheld | — | £252 |
| Breach of contract | The tribunal held that the claimant was an employee with continuous service and was entitled to two weeks' notice pay on termination; it ordered payment in lieu of notice. | Upheld | — | £60 |
Remedy
Monetary award- Total award
- £312
- across all upheld claims
Legal tests applied
3 references- Addison and another (trading as Brayton News) v Ashby [2003] ICR 667
- Working Time Regulations 1998
- s.86 Employment Rights Act 1996
Official outcome judgment PDF
Gov.uk primary recordThe official judgment PDF on gov.uk contains the tribunal's outcome, reasoning, and any remedy details. Where this page does not yet show extracted outcomes for every claim, use the PDF as the authoritative source.
Published on gov.uk under the Open Government Licence v3.0.
How we got this data
Case essentials (reference, date, judge, venue, country, claim categories) are extracted from the structured metadata gov.uk publishes alongside each decision. Parties and monetary figures are extracted from the judgment PDF text. Key findings and per-claim outcomes require a second extraction pass that is not yet complete for this case — until then, the primary source linked above is the authoritative record. See full methodology.
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