E.T. Z (WR) EMPLOYMENT TRIBUNALS (SCOTLAND) Case No: 4106819/2019 Held in Glasgow on August 2019 Mr Jim Blair v Windowscene Scotland Limited — 2019

The claimant had been employed by the respondent as a Factory Manager from 22 September 2015 and was paid £715 gross, equivalent to £535 net. The respondent did not enter appearance or attend the hearing, and the claimant gave evidence. The tribunal found that on 5 March 2019 he was told he was being replaced on 11 March 2019, that he was not wanted in the factory when the new employee started, and that he would be demoted to £290 per week. On 9 March 2019 he was told to take time off because the respondent did not want to pay for not working.

Around 13 March 2019 the claimant gave one week's notice of resignation because the respondent was in fundamental breach of contract, namely by demoting him and reducing his salary. He did not receive payment for that notice week. At termination he had accrued but untaken holiday of 14.5 days, and he did not receive any payment in lieu. He found alternative employment on 25 March 2019 and the tribunal recorded an ongoing loss of £35 per week to the date of hearing.

The tribunal was satisfied that the claimant was unfairly dismissed. It assessed the basic award at three weeks' pay using the statutory cap of £508 per week, giving £1,524. It awarded £535 for the unpaid notice week and £770 for ongoing loss, making a compensatory award of £1,305 and a total unfair dismissal award of £2,829. The tribunal also recorded that the Employment Protection (Recoupment of Jobseekers Allowance and Income Support) Regulations 1996 did not apply.

Separately, the tribunal awarded £1,178 for outstanding holiday pay due but not taken on termination. Across both heads, the sums awarded totalled £4,007.