ETZ 4(WR) EMPLOYMENT TRIBUNALS (SCOTLAND) Case No: 4113728/2021 & 4113729/2021 Hearing Held by Cloud Based Video Platform (CVP) on February 2022 Employment Judge: M A Macleod Iwona Zmidzinska st v Argyll Western Hotel Management Limited — 2022

The claims were heard undefended because the respondent did not lodge an ET3 response. The respondent had tried to seek extensions of time, but those applications were refused because they were not intimated to the claimants. Both claimants gave evidence at the CVP hearing, the second with a Polish interpreter, and the tribunal accepted their evidence as honest and straightforward.

For the 1st claimant, the tribunal found that she worked from 16 August 2019 until dismissal without notice on 22 July 2021. She had been placed on furlough from 14 November 2020 and received 80% of her contractual pay until May 2021, after which she was unpaid for 13 weeks. The tribunal held that she was not entitled to redundancy pay because even if dismissed with notice she would not have reached two years' continuous service by the relevant date, applying section 86(1)(a) and section 145(5) of the Employment Rights Act 1996.

The 1st claimant was awarded £4,276.74 for unpaid wages at furlough rate, £334.12 for one week's notice, and £868.66 for 13 days' untaken holiday, making £5,479.52. For the 2nd claimant, the tribunal found 5 years' completed service, a weekly pay rate of £334.12, and redundancy entitlement calculated at 7.5 weeks because of her age and service. It also awarded £4,276.74 for 20 weeks' unpaid wages at furlough rate, £1,670.60 for five weeks' notice, and £1,870.96 for accrued but untaken holiday, making £10,324.20. Paragraph 16 states that the 2nd claimant's employment ended on 22 July 2022, although the earlier findings and paragraph 7 refer to 22 July 2021.