Miss L Gordon v Livi Express and others

EMPLOYMENT TRIBUNALS (SCOTLAND) 5 Case No: 4111726/2019 Held in Edinburgh on 19 May 2021 10 Employment Judge Jones Miss L Gordon Claimant 15 Represented by: Mr Sylvester, partner Livi Express 1 Respondent 20 Represented by: Mr Khan, solicitor Mr H Alcur 2ndRespondent 25 Represented by: Mr Khan, solicitor rd 30 Mr H Omal 3 Respondent Represented by: Mr Khan, solicitor

35 JUDGMENT OF THE EMPLOYMENT TRIBUNAL It is the judgment of the Tribunal that: • The respondent having conceded that it failed to pay the claimant accrued 40 holiday pay to which she was entitled on termination of her employment is ordered to pay to the claimant the sum of £4,256.00.

ETZ4(WR) 4111726/19 Page 2 • The claimant was constructively and unfairly dismissed and the respondent is ordered to pay to the claimant a basic award of £1,900, compensation for loss of statutory rights of £500 and compensation for loss of earnings of 5 £5,961.28. • The respondent failed to provide the claimant with a statement of terms and conditions of employment in compliance with section 1...

REASONS Introduction 20 1. The claimant presented a claim to the Tribunal making a number of complaints. A number of those complaints were subsequently withdrawn. The claims remaining before the Tribunal for determination at this final hearing were: 25 - Unfair dismissal. In that respect the respondent said that the claimant did not have sufficient service to allow the Tribunal jurisdiction to ...

2. At the commencement of the hearing, the respondent conceded that no tax or 15 national insurance had been deducted from the claimant’s wages during the period of her employment or remitted to HMRC. The respondent sought to argue that the contract was therefore illegal at common law and indicated that it would argue that the claimant was complicit in that illegal contract in that at least she...