ETZ 4(WR) IN THE EMPLOYMENT TRIBUNAL (SCOTLAND) AT EDINBURGH Judgment of the Employment Tribunal in Case No: 4112152/2019 Heard at Edinburgh on th of January 2020 Employment Judge: J G d’Inverno Mr R Wierzbicki v Per Ms Anna Kocela Polish Language Interpreter Oscars Edinburgh Limited — 2020

The tribunal found that Mr Wierzbicki was employed by Oscars Edinburgh Ltd as a chef from 23 February 2019 to 3 August 2019. It accepted that his contract initially provided for 40 hours per week, later 55 hours per week, and that his pay was based on the national minimum wage of £7.83 per hour rising to £8.21 from 6 April 2019. It also accepted that part of his pay was to be made by bank transfer and part in cash, and that a future £9 per hour rate had been mentioned but did not take effect during the employment.

The tribunal upheld the wages claim under section 13 of the Employment Rights Act 1996. It found that no wages were paid for the first week, 23 February to 1 March 2019, and held that this was an unauthorised deduction of £301.60 net. It further found that, during a temporary secondment to the Boat House from 13 July 2019, the parties agreed a gross rate of £12 per hour, that the claimant was paid for the first week of that secondment, and that no payment was made for the later period 21 July to 3 August 2019. The tribunal rejected the respondent's suggestion that the claimant's failure to give notice justified withholding wages, noting that there was no contractual counterclaim and no proved set-off or loss.

The tribunal also upheld the claim for compensation for accrued but untaken paid annual leave under the Working Time Regulations. It found that the claimant took no leave during employment, that he accrued leave throughout the contract, and that the amounts already paid as holiday pay were based only on a 30-hour assumption. It awarded £218.66 for 23 February to 5 April 2019, £212.62 for 6 April to 12 July 2019, and £298.64 for 13 July to 3 August 2019, giving a total leave award of £829.92. The judgment therefore ordered payment of £301.60, £1,653 and £829.92, a combined total of £2,784.52.