Case 4101442/2020 · Employment Tribunal
Mr C Davidson v -15 Grandmother Archie McKinnon Painter and Decorator — 2021
- Case reference
- 4101442/2020
- Decision date
- 9 June 2021
- Jurisdiction
- Scotland
- Judge
- Employment Judge S Cowen
Parties
2 namedClaimant
Mr C Davidson
Key findings
Tribunal's reasoningThe claimant began work as an apprentice painter and decorator on 20 May 2019 under a CITB agreement. The tribunal found no evidence that written terms and conditions were provided within two months and awarded £296.40 under s.11(1) ERA 1996. It also found that payslips were not provided at the time and were not an accurate reflection of the amounts paid, but made no separate award on that point.
The claimant resigned on 27 January 2020. The tribunal found that he should have been paid for the one-week notice period and awarded £148.20. It also found a clear agreement that travel expenses would be reimbursed, accepted that those claims were legitimate, and awarded the outstanding £30.
On holiday pay, the tribunal found that the claimant had accrued one-twelfth of the annual holiday entitlement by the time of resignation and would have worked a week of notice, so he was entitled to two days' pay of £59.28. The claim for brushes/tools failed because there was no evidence of value or loss and no evidence of a contractual entitlement to reimbursement. The total award was £533.88.
Claims and outcomes
6 findings recordedThis case has mixed outcomes under at least one legal claim type. A tribunal can uphold some allegations and dismiss others under the same legal head, so rows below may represent separate issues or allegation groups from the judgment.
| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Other | The tribunal found the respondent had failed to provide written terms and conditions within two months of the employment start date and awarded compensation under s.11(1) ERA 1996 equivalent to two weeks' net pay. | Upheld | — | £296 |
| Other | The tribunal found the claimant was not provided with payslips at the time required by s.11(2) ERA 1996 and that the payslips produced later were not an accurate reflection of amounts paid, but it made no separate award on this point. | Upheld | — | — |
| Breach of contract | The tribunal held the respondent should have paid the claimant for the one-week notice period after he resigned and awarded that sum. | Upheld | — | £148 |
| Breach of contract | The tribunal found there was a clear agreement that travel expenses would be reimbursed, that the claims were legitimate, and that the outstanding balance remained unpaid. | Upheld | — | £30 |
| Working time regulations | The tribunal found the claimant had accrued holiday entitlement on resignation and was entitled to two days' pay, calculated at £59.28. | Upheld | — | £59 |
Remedy
Monetary award- Total award
- £534
- across all upheld claims
Legal tests applied
5 references- s.1 ERA 1996
- s.11(1) ERA 1996
- s.11(2) ERA 1996
- s.13 ERA 1996
- New Century Cleaning Co Ltd v Church [2000] IRLR 27
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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