East Ayrshire Council

Case Summary

Employment Tribunal affirmed Prohibition Notices issued to the operator and owner of Therapy Hand Day Spa regarding hot tub installation, despite guidance provided.

• •Prohibition Notices issued to appellants on 15 November 2024 affirmed by Employment Tribunal

EMPLOYMENT TRIBUNALS (SCOTLAND) Case No:4107571/2024 Held inGlasgow on 18 February, 28 May and 20 June 2025 Employment JudgeM Kearns Tribunal Member Mrs N Elliot Tribunal Member Mr G McKay MsL McGinn FirstAppellant Represented by: Mr C Kennedy- Second Appellant Mr C Kennedy Second Appellant InPerson East Ayrshire CouncilRespondent Represented by: Ms E O’Connell- Solicitor JUDGMENT OF THE EMPLOYMENT TRIBUNAL The unanimous Judgment of the Employment Tribunal is that the Prohibition Notices serial numbers: EAC/HS/P/003/2024-5 issued to theFirst Appellant on 15 November 2024 and EAC/HS/P/004/2024-5 issued to the Second Appellant on 15 November 2024 are affirmed. REASONS 1.The appellants are respectively the operator and owner of the Therapy Hand Day Spa, 65 Castle, New Cumnock, East Ayrshire, KA18 4AG. On 14 November 2024, the respondent conducted an investigation which culminated in the issue of Prohibition Notices to theappellants on 15 November 2024. By application to the Employment Tribunal dated 5 December 2024, the appellants appealed against the Notices. The respondent resists the appeal. 4107571/2024Page2 Evidence 2.The parties produced a joint bundle of documents (J) and referred to them by page number. The respondent called the following witnesses to give evidence: Deborah McPhillips, Environmental Health Officer; Jennifer Gray, Environmental Health Officer; and Morag McCallum, Business Regulation Team Leader. The second appellant represented and gave evidence on behalf of both appellants. Findings in Fact 3.The following material facts were admitted or found to be proved: 4.The first appellant is the operator of the Therapy Hand Day Spa, 65 Castle, New Cumnock, East Ayrshire, KA18 4AG. The second appellant is the owner of the business. This case concerns a four person domestic hot tub/ spa pool (variously referred to as a“hot tub”and a “spa-pool”) installed in the spa. The hot tub is a ‘Sure spa JCS–57’…