Case 4100217/2025 · Employment Tribunal
Ms D Wasilewska v Annan Store Ltd t/a Guide Pharmacy Annan — 2024
- Case reference
- 4100217/2025
- Decision date
- 9 December 2024
- Jurisdiction
- Scotland
- Judge
- Employment Judge P. O’Donnell
Parties
2 namedClaimant
Ms D Wasilewska
Respondent
Key findings
Tribunal's reasoningThe claim was determined on the papers after the respondent failed to enter a response to the claim form sent on 17 February 2025. The Employment Judge said that, on the material available, there was no basis to conclude that there was a potentially fair reason for dismissal, and there was nothing to dispute the sums sought on the remaining claims.
On unfair dismissal, the tribunal calculated a basic award of £1,015.50 based on the claimant's age and length of service. It accepted past wage loss from dismissal on 22 November 2024 until the claimant started new employment on 9 December 2024, which came to £810.78, and also allowed £500 for loss of statutory rights. The tribunal then applied a 25% uplift for failure to follow the ACAS Code of Practice, producing a compensatory award of £1,638.48 and a total unfair dismissal award of £2,653.98.
The tribunal also found an unauthorised deduction from wages and ordered payment of £5,770.15. That sum was made up of £373.60 deducted in respect of statutory sick pay and £5,396.55 for bonus said to have been underpaid. It further found that the claimant had been dismissed in breach of contract in respect of notice, but made no separate award because the notice-period loss had already been compensated within the unfair dismissal award.
Finally, the tribunal found that the respondent had failed to pay the claimant's holiday entitlement and ordered payment of £1,462.32. No discrimination claims were recorded, and the judgment did not identify any lay panel members.
Claims and outcomes
4 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Unfair dismissal | Awarded £2,653.98, made up of a basic award of £1,015.50 and a compensatory award of £1,638.48. | Upheld | — | £2,654 |
| Unlawful deduction from wages | Awarded £5,770.15 for deductions from wages, including £373.60 in respect of statutory sick pay and £5,396.55 for unpaid bonus. | Upheld | — | £5,770 |
| Breach of contract | The claimant was dismissed in breach of contract in respect of notice, but no separate award was made because the notice-period loss had already been compensated under the unfair dismissal claim. | Upheld | — | — |
| Holiday pay | Awarded £1,462.32 for unpaid holiday entitlement. | Upheld | — | £1,462 |
Remedy
Monetary award- Total award
- £9,886
- across all upheld claims
- Basic award
- £1,016
- statutory, unfair dismissal
- Compensatory award
- £1,638
- compensatory remedy recorded
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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