Case 4101432/2020 · Employment Tribunal
E.T. Z (WR) EMPLOYMENT TRIBUNALS (SCOTLAND) Case No: 4101432/2020 P Mr Allan Hay v Bryan Steele Carpets Ltd — 2020
- Case reference
- 4101432/2020
- Decision date
- 8 July 2020
- Jurisdiction
- Scotland
- Judge
- Employment Judge Ian McFatridge
Parties
2 namedClaimant
E.T. Z (WR) EMPLOYMENT TRIBUNALS (SCOTLAND) Case No: 4101432/2020 P Mr Allan Hay
Respondent
Key findings
Tribunal's reasoningNo response was presented, so the tribunal issued judgment under Rule 21 on the available material. It found that the respondent had made an unauthorised deduction from wages, equal to one week's pay, and ordered payment of £350 gross.
The tribunal also found that the claimant had been dismissed in breach of contract in respect of notice and awarded £3,850, described as 11 weeks' pay. It separately found that the claimant had been unfairly dismissed and made a monetary award of £6,075, comprising a basic award of £5,775 and a compensatory award of £300 for loss of statutory rights.
No award was made for lost earnings on the unfair dismissal claim because the claimant obtained alternative employment immediately after dismissal and had not been seeking other employment since. The tribunal further found that the respondent had failed to pay holiday entitlement, because the claimant had taken no paid annual leave during the holiday year that began on 1 March 2019, and ordered four weeks' pay of £1,400.
The tribunal recorded that the respondent could deduct tax and national insurance from the awards for arrears of wages, notice pay and holiday pay if it complied with the PAYE conditions set out in the judgment and provided proof of payment if requested.
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 equal to one week's pay and ordered £350 gross. | Upheld | — | £350 |
| Breach of contract | The tribunal found the respondent dismissed the claimant in breach of contract in respect of notice and awarded £3,850, described as 11 weeks' pay. | Upheld | — | £3,850 |
| Unfair dismissal | The tribunal found the claimant was unfairly dismissed and awarded £6,075, made up of a basic award of £5,775 and a compensatory award of £300 for loss of statutory rights. No award was made for lost earnings because the claimant obtained alternative employment immediately after dismissal and had not been seeking other work since. | Upheld | — | £6,075 |
| Holiday pay | The tribunal found the respondent failed to pay holiday entitlement and ordered four weeks' pay of £1,400. The holiday year had started on 1 March 2019 and the claimant had not taken paid annual leave during that year. | Upheld | — | £1,400 |
Remedy
Monetary award- Total award
- £11,675
- across all upheld claims
- Basic award
- £5,775
- statutory, unfair dismissal
- Compensatory award
- £300
- 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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