E.T. Z (WR) EMPLOYMENT TRIBUNALS (SCOTLAND) Case No: 4120144/2018 Held in Glasgow on November 2018 Employment Judge: J D Young Miss S Kennedy v No appearance and No representation Preeti Arora T/a The Dental Centre — 2018

Miss Kennedy brought claims for notice pay and holiday pay. She did not appear at the final hearing on 28 November 2018, having emailed the tribunal on 19 November 2018 saying that due to her health she was not fit enough to pursue the case. After further letters from the tribunal asking her to confirm whether she was withdrawing the claim, and applying rule 47 of the Employment Tribunals (Constitution and Rules of Procedure) Regulations 2013, the tribunal proceeded in her absence.

The dispute was whether sums remained due to the claimant after she left the Dental Centre on 27 April 2018. The claimant said two payments totalling £309 were still outstanding. The respondent's case was that its records showed the claimant was due payment for accrued overtime and remaining holiday entitlement, and that the relevant sums had already been paid in three instalments.

The tribunal reviewed the respondent's bank statements and pay records showing payments on 4 May 2018 of £210.24 gross and £199.41 net, on 8 May 2018 of £254.04 gross and £194.30 net, and on 19 July 2018 of £464.28 gross and £333.30 net. Those payments totalled £928.56 gross and were said to cover 106 hours, or 13.2 days, matching the respondent's calculation of the amount due.

From that material, the tribunal found that the claimant's claim for payment for 13.16 days had been satisfied by the payments already made. On that basis, the claims for notice pay and holiday pay were dismissed.