ETZ 4(WR) EMPLOYMENT TRIBUNALS (SCOTLAND) Case No: S/4121214/2018 Held at Edinburgh on January 2019 Employment Judge: W A Meiklejohn Mr Lucasz Szarafiniak v Compos (Scotland) Limited — 2019

This was a reconsideration hearing on 9 January 2019 after the Respondent's ET3 response had been received four days late and the Tribunal had issued a default judgment on 12 December 2018. The Employment Judge treated the Respondent's letter of 16 December 2018 as an application for reconsideration under Rule 70 and for an extension of time under Rule 20. Applying the balance of prejudice, and noting a plausible explanation for the late response, the Tribunal granted both applications, revoked the default judgment, and accepted the ET3.

At the start of the hearing the parties identified which parts of the claim remained in issue. The Claimant accepted that he was not entitled to compensation for unfair dismissal because he did not have two years' qualifying service under section 108 ERA 1996, and he accepted that he had no entitlement to notice pay because he had been employed for less than one month and had not acquired the minimum notice right under section 86 ERA 1996. He therefore withdrew the unfair dismissal and breach of contract claims, and those claims were dismissed.

The Claimant's race discrimination claim related principally to an incident on 10 August 2018, when he alleged that he had been threatened and assaulted by Mr Celik. After Mr Celik apologised, the Claimant accepted the apology and withdrew the race discrimination claim, which was dismissed. The Tribunal recorded that the Respondent's workforce included people of various races, including another Polish employee.

The remaining monetary issues were resolved by agreement. The Respondent accepted that the Claimant was entitled to be paid for hours worked during his employment from 15 July 2018 to 22 July 2018, and the parties agreed that wages of £289.71 were due for 37 hours at £7.83 per hour. They also agreed that half a day's holiday pay was due under the Working Time Regulations 1998, calculated as 4 hours at £7.83 per hour, amounting to £31.32. The Tribunal ordered payment of £289.71 for unlawful deduction of wages and £31.32 for holiday pay, making a total of £321.03 before deductions of tax and National Insurance if required.