Claire McIlwaine v Leonard McKee [2014]

The claimant was employed as a hairdresser and made claims in respect of unfair dismissal, holiday pay and notice pay. Accordingly, in relation to unfair dismissal, the central liability issue was whether or not the claimant had been dismissed mainly because she was asserting a statutory right i.e. insisting on obtaining pay slips pursuant to Art.135 of the ERO (NI) 1996. There were a number of key witnesses which the respondent indicated would be called, including himself and an HMRC witness. In fact, neither gave evidence and no explanation was given for this omission. The tribunal was required to consider the evidential implications of these omissions and considered the guidance