Miss M Stephen v Oxygen Lifestyle Ltd T/a Oxygen Retail

EMPLOYMENT TRIBUNALS (SCOTLAND) Case No: 4104270/2024 5 Held in Glasgow via Cloud Video Platform (CVP) on 6 February 2025 Employment Judge F Eccles Ms M Stephen Claimant 10 Represented by: Ms S Christie - Solicitor 15 Oxygen Lifestyle Ltd Respondent Represented by: Ms J Nicola - Director 20

JUDGMENT OF THE EMPLOYMENT TRIBUNAL The judgment of the Tribunal is that (i) the respondent made an unauthorised deduction from the claimant’s wages; (ii) the respondent shall pay to the claimant £772.25 as outstanding wages and (iii) the complaint for notice pay is dismissed.

25 REASONS Background

1. The claim was presented on 28 March 2024 against Oxygen Boutique (Oxygen Retail) Ltd. The claimant complained of unfair dismissal, non- payment of wages totalling £772.25 and failure to pay notice pay. The 30 claimant also sought an award for injury to feelings. The claim was resisted on the grounds that the claimant was not employed by the respondent, was a “freelancer” and did not complete...

2. At initial consideration, an Employment Judge issued a Notice to the claimant under Rule 27 of the Rules of Procedure 2013 in relation to the Tribunal’s 35 jurisdiction to (i) consider the complaint of unfair dismissal given the lack of 4104270/2024 Page 2 qualifying service and (ii) make an award of injury to feelings without a claim under the Equality Act 2010 or for whistleblowing. At the...