ETZ 4(WR) EMPLOYMENT TRIBUNALS (SCOTLAND) Case No: 4111961/2021 Hearing by Cloud Video Platform (CVP) on March 2022 Employment Judge: M A Macleod Colin Dunsmore v Smartpay Payment Solutions — 2022

Colin Dunsmore worked for Smartpay Payment Solutions as Operations Director from 3 August 2020. The tribunal recorded that he was told his salary would be £21,000 per annum at the start of employment and would rise to £25,000 after probation on 3 November 2020. During employment he received one payslip only, for May 2021, showing gross pay of £1,750, deductions of £254.01 and net pay of £1,495.99. The respondent did not lodge an ET3 and did not attend the hearing.

The tribunal held that, for notice purposes, the claimant's rate of pay at termination was £21,000 per year. It found that his notice entitlement was £1,495.99 net and that the two payments made after termination, totalling £1,466.87, left an unlawful deduction of £29.12. It also found that the claimant was entitled to pro rata holiday pay for the leave year April 2021 to termination, calculated at 10.23 days with a daily rate of £69.05, producing an award of £706.38.

On arrears of pay, the tribunal accepted the claimant's evidence that June 2021 had been underpaid and that he received no pay for July up to the point notice was treated as expiring. It awarded £1,432.45 for that shortfall. Separately, it accepted that a contractual pay rise to £25,000 had been agreed from 3 November 2020 and awarded £2,820.56 gross for the difference between £25,000 and £21,000 over the relevant period.

The tribunal did not make any further award for missing payslips. It referred to ss.8, 11 and 12 of the Employment Rights Act 1996, but concluded that one payslip had been provided and that the sums already awarded for actual deductions were sufficient. The claims therefore succeeded only to the extent of the four numbered awards.