Case 4117253/2018 · Employment Tribunal
Mr M Salamaj v Thusa Holdings Limited — 2019
- Case reference
- 4117253/2018
- Decision date
- 31 January 2019
- Jurisdiction
- Scotland
- Judge
- Employment Judge M Whitcombe
Parties
2 namedClaimant
Mr M Salamaj
Respondent
Key findings
Tribunal's reasoningAt the hearing on 31 January 2019, the tribunal converted the case from a preliminary hearing to a final hearing under rule 48 of the ET Rules of Procedure 2013. It did so because the respondent had only defended the case on employment status, had not participated in the proceedings or responded to communications after filing a brief response, and the tribunal was satisfied that the respondent was not materially prejudiced by the conversion.
The tribunal found that Mr Salamaj was employed by Thusa Holdings Limited and therefore was also the respondent's worker for statutory purposes. On that basis, it held that the claims for notice pay of £510 gross, holiday pay of £969 gross, and arrears of pay of £4,630.98 net were well-founded.
The tribunal dismissed the claims for unpaid travel time and interest. It also found that the respondent had failed to provide the claimant with a written statement of terms and conditions of employment and awarded compensation of two weeks' pay at the capped weekly rate of £508, making £1,016 gross.
The total award recorded by the judgment was therefore £7,125.98, made up of the sums awarded for notice pay, holiday pay, arrears of pay, and the written-statement compensation.
Claims and outcomes
6 findings recordedThis case has mixed outcomes under at least one legal claim type. A tribunal can uphold some allegations and dismiss others under the same legal head, so rows below may represent separate issues or allegation groups from the judgment.
| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Breach of contract | Notice pay awarded in gross terms. | Upheld | — | £510 |
| Holiday pay | Holiday pay awarded in gross terms. | Upheld | — | £969 |
| Unlawful deduction from wages | Arrears of pay awarded on a net basis. | Upheld | — | £4,631 |
| Working time regulations | Claim for unpaid travel time dismissed. | Dismissed | — | — |
| Other | Claim for interest dismissed; no separate statutory basis is specified in the judgment. | Dismissed | — | — |
| Other | Compensation for failure to provide a written statement of terms and conditions, calculated as two weeks' pay at the capped weekly rate of £508. | Upheld | — | £1,016 |
Remedy
Monetary award- Total award
- £7,126
- across all upheld claims
Official outcome judgment PDF
Gov.uk primary recordThe official judgment PDF on gov.uk contains the tribunal's outcome, reasoning, and any remedy details. Where this page does not yet show extracted outcomes for every claim, use the PDF as the authoritative source.
Published on gov.uk under the Open Government Licence v3.0.
How we got this data
Case essentials (reference, date, judge, venue, country, claim categories) are extracted from the structured metadata gov.uk publishes alongside each decision. Parties and monetary figures are extracted from the judgment PDF text. Key findings and per-claim outcomes require a second extraction pass that is not yet complete for this case — until then, the primary source linked above is the authoritative record. See full methodology.
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