Case 4100420/2017 · Employment Tribunal
Mrs M Milosi v RKM (Scotland) Limited t/a Tapas at Singh`s — 2017
- Case reference
- 4100420/2017
- Decision date
- 25 April 2017
- Jurisdiction
- Scotland
- Judge
- Employment Judge Mary Kearns
Parties
2 namedClaimant
Mrs M Milosi
Key findings
Tribunal's reasoningThis was a Rule 21 judgment, made on the available material because no response had been presented. The Employment Judge found that the respondent had made an unauthorised deduction from the claimant's wages, and ordered payment of £4,444.
The tribunal also found that the claimant had been dismissed in breach of contract in respect of notice and awarded £432 in damages. It further found that the respondent had failed to pay holiday entitlement and ordered £468.
In addition, the respondent had failed to provide a written statement of employment particulars required by section 1 of the Employment Rights Act 1996. Because the claimant succeeded in claims listed in Schedule 5 to the Employment Act 2002 and the respondent was in breach of that duty when proceedings were begun, the tribunal made the statutory award of two weeks' pay, assessed at £864. The total monetary award recorded in the judgment is £6,208.
Claims and outcomes
4 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Unlawful deduction from wages | The tribunal found an unauthorised deduction from wages and ordered payment of £4,444. | Upheld | — | £4,444 |
| Breach of contract | The claimant was dismissed in breach of contract in respect of notice; damages of £432 were awarded. | Upheld | — | £432 |
| Holiday pay | The tribunal found the respondent failed to pay holiday entitlement and ordered £468. | Upheld | — | £468 |
| Other | The respondent failed to provide a written statement of employment particulars required by section 1 of the Employment Rights Act 1996; the tribunal ordered two weeks' pay of £864 under the statutory award provision referred to in the judgment. | Upheld | — | £864 |
Remedy
Monetary award- Total award
- £6,208
- across all upheld claims
Legal tests applied
3 references- Rule 21 of the Employment Tribunal Rules of Procedure 2013
- section 1 of the Employment Rights Act 1996
- Schedule 5 to the Employment Act 2002
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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