Case 4101532/2017 · Employment Tribunal
R Gall Mr W Barbour v D & M Haulage (Mixer Hire) Limited — 2017
- Case reference
- 4101532/2017
- Decision date
- 28 August 2017
- Jurisdiction
- Scotland
- Judge
- Employment Judge Mr
Parties
2 namedClaimant
R Gall Mr W Barbour
Respondent
Key findings
Tribunal's reasoningThe claim proceeded under rule 21 after no response was presented. On the material before the Employment Judge, Mr W Barbour's dismissal by D & M Haulage (Mixer Hire) Limited was found to be unfair under the Employment Rights Act 1996. The tribunal awarded a monetary award of £5,032.39 and recorded that the prescribed element was £2,809.39 for the period 28 January 2017 to 15 March 2017, with the balance of £2,223 above the prescribed element.
The tribunal also found that the respondent had failed to pay the claimant's holiday entitlement. It ordered payment of £618.17 in respect of 1.43 weeks of holiday accrued but untaken to the date of dismissal.
The judgment further notes that tribunal fees had been paid and would be referred to HMCTS for refund in light of UNISON v Lord Chancellor [2017] UKSC 51. No separate reasons, legal tests, or panel members are recorded in the text supplied.
Claims and outcomes
2 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Unfair dismissal | The judgment found the dismissal unfair under the Employment Rights Act 1996. The tribunal awarded a monetary award of £5,032.39, stating that the prescribed element was £2,809.39 for the period 28 January 2017 to 15 March 2017 and that the monetary award exceeded the prescribed element by £2,223. | Upheld | — | £5,032 |
| Holiday pay | The tribunal found that the respondent had failed to pay the claimant's holiday entitlement and ordered £618.17 in respect of 1.43 weeks of holiday accrued but untaken to the date of dismissal. | Upheld | — | £618 |
Remedy
Monetary award- Total award
- £5,651
- across all upheld claims
- Compensatory award
- £5,032
- 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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