Claimant v The Nail and Beauty Zone Limited
Outcome
Individual claims
The claimant argued the respondent failed to provide her with 4 shifts during the week of 6 October 2024 after her workplace was temporarily closed. The tribunal found the respondent had in fact offered the claimant 4 shifts during that week (on 6, 8, 9 and 12 October) with reasonable notice, either directly or via the team WhatsApp group. The claimant chose not to accept these offers, but the respondent had complied with its contractual obligation to offer the shifts. There was therefore no unlawful deduction from wages.
Facts
The claimant was a therapist working on a rota basis with a contractual entitlement to 4 shifts per week. Her workplace in Glasgow West Nile Street was temporarily closed in October 2024 due to building safety works. The respondent offered staff shifts at alternative locations, often at short notice via a WhatsApp group. The claimant contended she had not been offered any shifts in the week of 6 October 2024, but conceded she had been offered sufficient shifts in the subsequent week.
Decision
The tribunal found the respondent had offered the claimant 4 shifts during the week in question (6, 8, 9 and 12 October 2024) with reasonable notice, either directly or via the team WhatsApp group. The claimant chose not to accept these offers. The respondent had therefore complied with its contractual obligation and the claim for unlawful deduction of wages failed.
Practical note
An employer may satisfy its contractual obligation to offer shifts by making offers to a group of workers via a messaging platform, provided the offers are genuine, available, and made with reasonable notice.
Legal authorities cited
Statutes
Case details
- Case number
- 8002213/2024
- Decision date
- 13 March 2025
- Hearing type
- full merits
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- hospitality
- Represented
- Yes
- Rep type
- in house
Employment details
- Role
- therapist
Claimant representation
- Represented
- No