Case 4101349/2022 · Employment Tribunal
Ms Joan Kennedy v Represented by: Ms L Simpson - Solicitor Mr Macpherson and Partners and 2 others — 2022
- Case reference
- 4101349/2022
- Decision date
- 30 May 2022
- Jurisdiction
- Scotland
- Judge
- Employment Judge O’Dempsey
Parties
4 namedKey findings
Tribunal's reasoningMs Joan Kennedy's claim for arrears of pay as unlawful deductions from wages succeeded, and the second and third respondents were ordered to pay her £3,488.14.
Her claim for failure to provide particulars of employment under section 1 of the Employment Rights Act 1996 also succeeded. The second and third respondents were ordered to pay £524.32, and the tribunal declared that the contract terms were those in the written contract of 2020 save as amended by the judgment. The sick pay term was declared to mean that she was entitled to Agenda for Change sick pay terms as at 12 May 2022, recorded in the judgment as six months' full pay and six months' half pay after five years' service.
The judgment records that the agreed terms reached after the hearing are set out in the appendix. The declaration concerning annual leave terms was postponed pending written submissions from the parties on its terms.
Claims and outcomes
2 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Unlawful deduction from wages | Claim for arrears of pay as unlawful deductions from wages; the second and third respondents were ordered to pay £3,488.14. | Upheld | — | £3,488 |
| Other | Claim for failure to provide particulars of employment under section 1 of the Employment Rights Act 1996; the second and third respondents were ordered to pay £524.32 and the tribunal declared certain contract terms, including sick pay terms. | Upheld | — | £524 |
Remedy
Monetary award- Total award
- £4,012
- across all upheld claims
Legal tests applied
1 reference- section 1 of the Employment Rights Act 1996
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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