E.T. Z (WR) EMPLOYMENT TRIBUNALS (SCOTLAND) Case No: 4105663/2022 (V)5 Held at Aberdeen on May 2023 Employment Judge N M Hosie Mrs R Dodge st v G and M Properties Scotland Ltd — 2023

Mrs R Dodge and Mr R Coombe brought claims of unlawful deduction of wages against G & M Properties Scotland Ltd. The respondent did not lodge an ET3 and did not appear at the final hearing on 15 May 2023, which was conducted by CVP. The tribunal accepted the claimants' evidence as measured, consistent and corroborative, and found it was supported by their calculation of wages statement and documentary productions, including wage slips.

The tribunal found that both claimants started work on 19 July 2022 as managers of the Waverley Inn, Dingwall and were also required to manage the nearby Royal Guest House. Although they had been told they would work around six hours a day, the tribunal found they actually worked about 96 hours per week, starting at 5am and often not finishing until around 11pm or later. It accepted that they had complained frequently to Robert Norris about the hours, and that on 23 August 2022 he wrote terminating their employment with effect from 1 September 2022.

On wages, the tribunal found that each claimant should have received £5,472 for the six weeks worked, calculated by reference to the then living wage of £9.50 per hour, but that each had only been paid £2,460.50. It therefore held that there had been an unlawful deduction of £3,011.50 from each claimant's wages and ordered that sum to be paid to each of them, subject to deduction of the appropriate amounts of income tax and national insurance.