EMPLOYMENT TRIBUNALS (SCOTLAND)5 Case No: 4105566/2023 Held on February 2024 by CVP Employment Judge N M Hosie Miss Carmen Arapu v Via Express Ltd — 2024

Miss Carmen Arapu brought claims following the termination of her employment with Via Express Ltd on 16 July 2023. The respondent did not present an ET3, so the case proceeded undefended. The tribunal heard evidence from Miss Arapu, accepted her account as credible and reliable, and found that she had started work on 3 August 2016 as a chef at the respondent's restaurant in Inverurie.

The tribunal found that she was summarily dismissed without notice when told that the restaurant was closing. It held that there was clearly a redundancy situation because the respondent company had ceased to trade. On that basis, and given 6 complete years' service and weekly pay of £400, it awarded a statutory redundancy payment of £2,400.

On holiday pay, the tribunal found that Miss Arapu worked 6 days a week, had not taken paid leave in the holiday year starting 3 August 2022, and had not been paid accrued annual leave on dismissal. Applying regulation 30(1)(b) of the Working Time Regulations 1998, it found she was entitled to 26.7 days' accrued leave and awarded £1,780.09 at a daily rate of £66.67.

The tribunal also found that she was entitled to 6 weeks' statutory notice because she had 6 complete years' service, and that the respondent was in breach of contract by failing to give notice of termination. Damages for that breach were assessed at £2,400. Separately, the tribunal found that the respondent had failed to provide a written statement of particulars of employment and awarded £800, being the minimum amount of two weeks' pay. The total award was £7,380.09.