Case 4101429/2023 · Employment Tribunal
Ms Elizabeth Grant v The Park Bar — 2023
- Case reference
- 4101429/2023
- Decision date
- 26 April 2023
- Jurisdiction
- Scotland
- Judge
- Employment Judge R McPherson
Parties
2 namedClaimant
Ms Elizabeth Grant
Respondent
Key findings
Tribunal's reasoningThe case was heard in Glasgow via CVP on 20 April 2023 before Employment Judge R McPherson. The respondent did not appear and was not represented. The tribunal held that the respondent failed to pay outstanding pay and holiday pay for the period 7 October 2022 to 4 November 2022, and ordered payment of £1,638.75 gross of tax and national insurance, with any lawful deductions to be made before payment and accounted for to HMRC if applicable.
The tribunal also struck out the claimant’s deduction from wages/unpaid wages claim in respect of Statutory Sick Pay under Rule 37 of the Employment Tribunal Rules of Procedure 2013, stating that it did not have jurisdiction to consider such a claim where entitlement was not admitted by the respondent. The judgment referred to Taylor Gordon & Co Ltd (t/a Plan Personnel) v Timmons [2004] IRLR 180 in that context. Oral reasons were given at the final hearing and no written reasons were requested.
Claims and outcomes
2 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Breach of contract | The tribunal found that the respondent failed to pay outstanding pay and holiday pay for the period 7 October 2022 to 4 November 2022. It ordered payment of £1,638.75 gross of tax and national insurance, with lawful deductions to be made if applicable. | Upheld | — | £1,639 |
| Unlawful deduction from wages | The claimant’s deduction from wages/unpaid wages claim in respect of Statutory Sick Pay was struck out under Rule 37 because the tribunal did not have jurisdiction to consider it; entitlement was not admitted by the respondent. | Struck out | — | — |
Remedy
Monetary award- Total award
- £1,639
- across all upheld claims
Legal tests applied
2 references- Rule 37 of the Employment Tribunal Rules of Procedure 2013
- Taylor Gordon & Co Ltd (t/a Plan Personnel) v Timmons [2004] IRLR 180
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
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