f- W / l O 2. EMPLOYMENT TRIBUNALS (SCOTLAND) Case Number: 4107188/2019 Held in Glasgow on October 2019 Employment Judge: J D Young v Mr Gary Davidson Dunskey Sporting Club Ltd — 2019

The claimant was employed as an underkeeper from 1 April 2014, with continuous service treated as running from that date by virtue of TUPE. Friction developed with the head gamekeeper in January 2019, the claimant raised a grievance, and the respondent dismissed him by letter of 28 February 2019 with immediate effect and without notice. No disciplinary hearing was held, no appeal hearing was held, and the respondent did not answer the claimant's request, sent through Citizens Advice, for written reasons for dismissal.

The tribunal upheld the claim under s.92 ERA 1996 and awarded two weeks' gross pay of £715 for the failure to provide written reasons. It also upheld unfair dismissal under s.98 ERA 1996. Because the respondent gave no explanation for dismissal, the tribunal said it could not make any positive finding as to the reason, and in any event there was no evidence of a fair procedure. The tribunal referred to the ACAS Code of Practice on disciplinary procedures and, because there had been no proper process, increased the compensatory award by 20% under s.207A TULR(C)A.

For remedy on the unfair dismissal claim, the tribunal calculated a basic award of £1,432 using the claimant's age, weekly pay of £358 and four complete years of service. The compensatory award was calculated from two weeks' loss before new employment, future loss over 18 months, removal costs for leaving tied accommodation, and loss of statutory protection, producing £7,695 before uplift and £9,234 after the 20% uplift. The tribunal also found the claimant entitled to holiday pay of £1,246 for untaken leave, applying Working Time authorities including Max-Plank v Shimizu, because there was no evidence that the employer had encouraged or required him to take leave.

Under the tribunal's extension of jurisdiction, it awarded £178 for unreimbursed expenses connected with the employment, described as the firearms certificate renewal and a loaders course. It did not make any award for gratuities, because those were said to be outside the respondent's control. The total awarded was £12,805.