E.T. Z (WR) EMPLOYMENT TRIBUNALS (SCOTLAND) Case No: 4123813/2018 Held in Aberdeen on March & July 2019 Employment Judge N M Hosie Tribunal Member S L McCabe Tribunal Member V Lockhart Miss M Hernandez v Represented by Ms J Redpath Solicitor Little Malaya Restaurant Limited st — 2019

Ms Hernandez began work at Little Malaya Restaurant on 13 January 2018 and was 16 years old on 4 February 2018. She later worked at Asiana Kitchen as well, but the tribunal found she had been employed by Little Malaya Restaurant Ltd and dismissed the case against Asiana Kitchen Ltd. It accepted that she was paid in cash on an inconsistent basis, that she repeatedly asked for a written contract, and that she raised concerns about rest breaks, health and safety, being required to work while off sick, serving alcohol because of her age, and the retention of tips.

After her last shift on 22 October 2018, Ms Hernandez sent messages asking for her contract and the wages she said were due. The tribunal found that Christine first denied she had ever worked there and then offered only one day's wages when two days were due. When Ms Hernandez said on or about 4 November 2018 that she no longer wanted to work there because she had not been given a contract or paid what was due, Christine replied that she was fired. The tribunal treated this as an automatic unfair dismissal claim under s.104 of the Employment Rights Act 1996 and, albeit with hesitation, held that she resigned in response to the respondent's repudiatory breach and actions related to her assertion of a statutory right.

Because Ms Hernandez had less than one year's service, there was no basic award. The tribunal awarded £508 for four weeks' loss of earnings, using average weekly earnings of £127 and the fact that she found equivalent work after four weeks. It also upheld the claim for unpaid wages, finding two days due at £33.75 per day (£67.50), and the holiday pay claim, calculating 5.6 weeks' accrued holiday pay for 42 weeks' service at £574.43. It further awarded £254 for failure to provide a written statement of terms and conditions of employment, stating that this was not a stand-alone claim but succeeded because other claims had been upheld.

The age and race discrimination complaints were dismissed because the tribunal found insufficient evidence to establish a prima facie case. The final monetary award comprised £508 for dismissal compensation, £67.50 for unpaid wages, £574.43 for holiday pay, and £254 for failure to provide written particulars, totalling £1,403.93.