Case 2404811/2022 · Employment Tribunal
Mrs M McGarvie v GB Sons Retail Limited — 2022
- Case reference
- 2404811/2022
- Decision date
- 15 September 2022
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Slater Date
Parties
2 namedClaimant
Mrs M McGarvie
Respondent
Key findings
Tribunal's reasoningThe respondent, GB Sons Retail Limited, failed to present a valid response on time. The Employment Judge therefore decided that a determination could properly be made under rule 21 of the Employment Tribunals Rules of Procedure 2013. The hearing listed for 5 October 2022 was cancelled.
The tribunal found two unauthorised deductions from the claimant’s wages. First, the respondent failed to pay the claimant for one week’s Statutory Sick Pay and was ordered to pay £99.35 gross. Second, the respondent failed to pay the claimant in lieu of accrued but untaken holiday entitlement and was ordered to pay £383.13 gross.
The judgment directed that the gross sums for unauthorised deductions from wages should be paid less any appropriate deductions for tax and national insurance, if any, for which the respondent must account to HMRC. The sums awarded were to be paid within 14 days of the date of judgment.
The accompanying notice under the Employment Tribunals (Interest) Order 1990 stated that interest would be payable on unpaid awards after the relevant decision day, which was 15 September 2022, at the stipulated rate of 8% per annum, but no interest would be payable if the sums were paid in full within 14 days.
Claims and outcomes
2 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Unlawful deduction from wages | Unauthorised deduction from wages for one week’s Statutory Sick Pay. | Upheld | — | £99 |
| Unlawful deduction from wages | Unauthorised deduction from wages for pay in lieu of accrued but untaken holiday entitlement. | Upheld | — | £383 |
Remedy
Monetary award- Total award
- £482
- across all upheld claims
Legal tests applied
2 references- Rule 21, Employment Tribunals Rules of Procedure 2013
- Employment Tribunals (Interest) Order 1990, article 12
Official outcome judgment PDF
Gov.uk primary recordThe official judgment PDF on gov.uk contains the tribunal's outcome, reasoning, and any remedy details. Where this page does not yet show extracted outcomes for every claim, use the PDF as the authoritative source.
Published on gov.uk under the Open Government Licence v3.0.
How we got this data
Case essentials (reference, date, judge, venue, country, claim categories) are extracted from the structured metadata gov.uk publishes alongside each decision. Parties and monetary figures are extracted from the judgment PDF text. Key findings and per-claim outcomes require a second extraction pass that is not yet complete for this case — until then, the primary source linked above is the authoritative record. See full methodology.
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