EMPLOYMENT TRIBUNALS (SCOTLAND) Case No: 4105554/2022 Held at Aberdeen on January 2023 Employment Judge N M Hosie v Hrafn Shetland Ltd — 2023

The claimant, Miss M Day, brought claims after her summary dismissal from employment with Hrafn Shetland Ltd. The respondent did not appear and the claim was not defended. On the basis of the claim form and supporting documents, the tribunal was satisfied that she had been employed as a shop assistant from 12 July 2021 until her dismissal in August 2022.

The tribunal held that the claim under s.23 of the Employment Rights Act 1996 was well-founded. It accepted that the claimant had worked 90 hours in August 2022 at £11 per hour and awarded £990 as unlawful deductions from wages. It also held that the claim under Regulation 30(1)(b) of the Working Time Regulations 1998 was well-founded and awarded £44 for 0.5 days, or 4 hours, of annual leave not taken.

On notice, the tribunal found that the claimant had been summarily dismissed and should have received one week's notice. It assessed that loss at £368.50 and awarded that sum as damages for breach of contract. It further awarded £737, being two weeks' pay, because the respondent had failed to provide a written statement of terms and conditions of employment. The tribunal noted that it had no authority to order the respondent to issue P60 or P45 forms. The total awarded was £2,139.50.