Claimant v Mrs Tiwaporn Sutawan Reid

The tribunal found that the first respondent failed to pay the claimant wages of £500 net per week for the period 1 December 2022 to 2 May 2023. Despite a time limit issue, the tribunal extended time finding it not reasonably practicable for the claimant to have commenced proceedings earlier due to his very limited English, lack of legal advice, and assurances from the respondent that payment would be made. The claimant's evidence was credible and reliable, while the first respondent's was not.

The tribunal accepted the claimant's evidence that he did not take any annual leave between April 2023 and 4 August 2023 and was not paid for accrued leave on termination. This constituted an unauthorised deduction from wages under section 13 ERA 1996 and a failure to pay under Regulation 14 of the Working Time Regulations 1998. The claim for £816.66 was awarded.

The tribunal found the first respondent was in breach of contract for failing to pay wages due for the period December 2022 to April 2023 and for accrued annual leave pay. The claim was brought within jurisdiction under the Employment Tribunals Extension of Jurisdiction (Scotland) Order 1994, and the first respondent had no defence having failed to file a response in time. The tribunal awarded damages for unpaid wages.

The claimant had claimed notice pay but the tribunal found this was not appropriate given evidence of a written resignation by the claimant on 4 August 2023. It was not clear there had been a breach of contract by the employer founding a wrongful dismissal claim. The claim for notice pay was therefore rejected.