E.T. Z (WR) EMPLOYMENT TRIBUNALS (SCOTLAND) Case No: 4106129/2022 (V)5 Held at Aberdeen on January 2023 Employment Judge N M Hosie Mrs F Jones v Thornhill Leisure (Mormond Inn) Ltd — 2023

Mrs Fay Jones brought the claim on 17 November 2022 and it proceeded undefended because the respondent did not present a response. The tribunal heard evidence from the claimant by CVP on 31 January 2023 and found her evidence measured, consistent and convincing, describing her as entirely credible and reliable. It also accepted the documentary productions that accompanied her evidence.

The tribunal found that Mrs Jones had been employed by Thornhill Leisure (Mormond Inn) Ltd as bar staff from 21 August 2021 until she resigned on 11 September 2022. It accepted her evidence that two payslips dated 15 September 2022 and 15 October 2022 showed sums due from the respondent, but that payment was never made. The tribunal held that the unpaid sums, £731.53 and £748.08, totalled £1,479.61 and were unlawfully deducted from wages.

On the written particulars issue, the tribunal found that the respondent should have provided Mrs Jones with written particulars when she started work, but had instead given her a handbook rather than a written statement of her particular terms and conditions. It treated this as not a stand-alone claim, but said that because the unlawful deduction claim succeeded and written particulars had not been provided, compensation had to be awarded under the relevant Employment Act 2002 provisions. Using weekly earnings of £180.50, it awarded £361, described as the minimum amount of two weeks' pay.

The tribunal also recorded that the respondent's director, John Hamilton, had told the claimant that the company would be going into administration, but a Companies House search suggested that it was not then in administration. The judgment made no separate order in relation to that point, and the final awards were £1,479.61 for unlawful deductions and £361 for the written particulars breach.