Mrs Irem Sunay v No Appearance Safran (Edinburgh) Ltd — 2022

The second claimant did not attend the hearing. The respondent produced an ACAS settlement agreement, and the tribunal dismissed that claim under Rule 47. The first claimant later withdrew her unfair dismissal claim because she accepted that she had not completed two years' service.

On the wage claim, the tribunal found that the first claimant started work on 15 July 2021 as a waitress, was paid £9 per hour, had no written contract or particulars, and was not always paid for all hours worked. It accepted some of the respondent's time-sheet evidence, rejected the reliability of the claimant's pay-envelope figures, and found that she had worked 216.5 hours in total but had been paid for only 159 hours. The tribunal therefore found an unauthorised deduction from wages and awarded £517.50, representing 57.5 hours at £9 per hour. It also held that the respondent's cash tip system meant tips did not form part of contractual remuneration.

The tribunal upheld the holiday pay claim and calculated the award at £208.48 by reference to the claimant's average weekly pay of £278.35 and the statutory 5.6 weeks' holiday entitlement. It dismissed the notice pay claim because the claimant had resigned and her employment ended on 25 August 2021. On the itemised pay slips claim, the tribunal found that no pay slips had been provided at or before the time wages were paid and made a declaration to that effect, but no further monetary award was made. The monetary awards totalled £725.98.