Case 3332557/2018 · Employment Tribunal
E.T. Z (WR) EMPLOYMENT TRIBUNALS (SCOTLAND) Case Number: 3332557/2018 Held in Glasgow on June 2019 Employment Judge E J Bell Mr John Doyle
The tribunal held that Mr John Doyle was unfairly dismissed by Omega Tours Ltd, described in the judgment as the second respondent and the claimant's employer at the date of termination. It awarded a basic award of £3,048 and a compensatory award of £7,730. The compensatory award was calculated by reference to loss of earnings of £23,920, less earnings received of £16,690, with an additional £500 for loss of statutory rights.
The tribunal also made separate monetary awards for accrued holiday pay, wages, and contractual sums. It ordered £1,042.36 net in respect of accrued holiday pay under regulation 14 of the Working Time Regulations 1998, and £397.05 net for June salary as an unlawful deduction of wages contrary to s.13 of the Employment Rights Act. It further awarded £900 as damages for breach of contract for deposits deducted in 2014 and 2018 that were due back on termination, and £370 as damages for breach of contract for expenses incurred in the course of employment.
Reasons were given orally at the hearing. The judgment does not record any discrimination claims or any separate interest award, and the total of the ordered payments is £13,487.41.
| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Unfair dismissal | The tribunal found the claimant was unfairly dismissed by the second respondent, who was his employer at the date of termination. It awarded a basic award of £3,048 and a compensatory award of £7,730. The compensatory award was based on loss of earnings of £23,920 less earnings received of £16,690, plus £500 for loss of statutory rights. | Upheld | — | £10,778 |
| Working time regulations | Awarded as accrued holiday pay due at termination under Regulation 14 of the Working Time Regulations 1998. | Upheld | — | £1,042 |
| Unlawful deduction from wages | Awarded in respect of June salary, described by the tribunal as an unlawful deduction of wages contrary to s.13 of the Employment Rights Act. | Upheld | — | £397 |
| Breach of contract | Damages awarded for failure to repay deposits deducted in 2014 and 2018, which the tribunal said were due to the claimant on termination. | Upheld | — | £900 |
| Breach of contract | Damages awarded for failure to repay expenses incurred in the course of employment. | Upheld | — | £370 |
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