Miss V Pikturnaite v Respondent — 2019

The claimant did not attend the Glasgow hearing on 9 October 2019 and had not responded to the tribunal's letters or telephone contact attempts after her solicitors had withdrawn. In those circumstances, and having regard to the claim form and response, Employment Judge R Gall dismissed the claimant's claim under Rule 47 of the Employment Tribunals (Constitution & Rules of Procedure) Regulations 2013.

The tribunal then heard evidence from Fiona Clacher, a director of the respondent, on the employer contract claim. The documentary evidence included the employment contract signed by the claimant on 6 October 2016. The tribunal found that the claimant had started work in July 2015, completed a two-year apprenticeship in October 2017, and became a hairdresser on completion of that training. Clause 19 of the contract provided for repayment of training fees if an employee left within two years of completing training.

The tribunal found that the claimant left without notice on 2 October 2019, which was within the two-year period. The training fees were found to be £1,100, based on the respondent's contribution of £10 per week towards training costs, with the balance met by Skills Development Scotland. The tribunal ordered repayment of that sum.

On notice, clause 18 required four weeks' notice of termination. The tribunal found that the claimant gave no notice, that there were appointments in the notice period which had to be cancelled or covered, and that the respondent lost income of £1,085. After deducting £800 of wages that did not have to be paid, the tribunal assessed the respondent's net loss at £285. The claimant was ordered to pay £1,385 in total. The respondent also applied for expenses, and the tribunal fixed 2 December 2019 for consideration of that application; no expenses award was determined in this judgment.