ETZ 4(WR) EMPLOYMENT TRIBUNALS (SCOTLAND) Case no. 4123463/2018 Held at Edinburgh on February 2019 Employment Judge: W A Meiklejohn Mrs Jean Jaffray v Two Palms Hotel and Events Limited — 2019

The claimant, Mrs Jean Jaffray, brought claims arising from unpaid wages, pension contributions deducted from her pay but not remitted, and holiday pay. The respondent did not lodge an ET3 or otherwise participate in the proceedings. The tribunal allowed an amendment to the ET1 so that holiday pay could be claimed, finding that the omission from the form was an oversight and that the point had been foreshadowed in correspondence.

On the claimant's evidence, which the tribunal found credible, she was employed by the respondent from 21 February 2018 until 17 October 2018. She worked an average of 50 hours per week at £9 per hour, giving gross weekly pay of £450. The tribunal accepted her calculations that £1,116.62 was due in unpaid wages up to 20 September 2018, £977.76 was due in unpaid wages between 21 September 2018 and 17 October 2018, £321.29 had been deducted for pension contributions but not remitted to the pension provider, and £1,124.42 was due in holiday pay for the period from 1 April 2018 to 17 October 2018.

The tribunal held that the failure to pay the amounts due in paragraphs 6, 7 and 8 of the reasons constituted unlawful deductions from wages. It also held that the pension deductions were unlawful because, although the deductions were required, the respondent had failed to remit the sums timeously to the pension provider. Separately, the tribunal found that the respondent had not issued a compliant statement of main terms and conditions of employment under section 1(1) of the Employment Rights Act 1996.

Because section 38 of the Employment Act 2002 applied, the tribunal was required to make an award of at least two weeks' wages and could increase that to four weeks' wages if just and equitable. In view of the respondent's non-compliance, the tribunal awarded the higher amount of £1,800 under section 38. The bottom-line awards therefore comprised £2,415.67 for unlawful deductions, £1,124.42 for holiday pay, and £1,800 under section 38.