Case 4100520/2024 · Employment Tribunal
16 A (Scot) Rule judgment template (simple) EMPLOYMENT TRIBUNALS (SCOTLAND) Case No: 4100520/2024 Miss E McNee v Stirling Care Home Ltd — 2024
- Case reference
- 4100520/2024
- Decision date
- 2 April 2024
- Jurisdiction
- Scotland
- Judge
- Employment Judge I McFatridge Date
Parties
2 namedClaimant
16 A (Scot) Rule judgment template (simple) EMPLOYMENT TRIBUNALS (SCOTLAND) Case No: 4100520/2024 Miss E McNee
Respondent
Key findings
Tribunal's reasoningThis was a rule 21 judgment on the papers because no response had been presented. On the available material, the Employment Judge found that Stirling Care Home Ltd had failed to pay Miss E McNee's holiday entitlement. The judgment awarded £1,543.50 gross in respect of that failure and referred to the matter as a breach of the Working Time Regulations 1998 and an unauthorised deduction from wages.
The tribunal also found that the respondent had failed to provide a statement of initial employment particulars. For that failure, it awarded two weeks' pay under s38 of the Employment Act 2002, namely £1,647.62 gross. The judgment states that there was no information before the tribunal suggesting it would be just and equitable to award the higher amount available under s38.
The hearing listed for 9 April 2024 at 11.00am was cancelled. The judgment also provided that the respondent could deduct income tax and employee national insurance contributions, if required by law, before paying the sums awarded to the claimant.
Claims and outcomes
2 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Holiday pay | The tribunal found the respondent had failed to pay the claimant's holiday entitlement. The judgment described this as being in breach of the Working Time Regulations 1998 and also referred to an unauthorised deduction from wages. | Upheld | — | £1,544 |
| Other | The tribunal found the respondent failed to provide a statement of initial employment particulars and awarded two weeks' pay under s38 of the Employment Act 2002. It recorded that there was no information before it suggesting it would be just and equitable to award the higher amount under s38. | Upheld | — | £1,648 |
Remedy
Monetary award- Total award
- £3,191
- across all upheld claims
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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