Case 4101581/2022 · Employment Tribunal
Mrs Elaine McKinlay st v Mr John Paterson Gray st and 2 others — 2022
- Case reference
- 4101581/2022
- Decision date
- 20 October 2022
- Jurisdiction
- Scotland
- Judge
- Employment Judge J Shepherd
Parties
4 namedClaimant
Mrs Elaine McKinlay st
Key findings
Tribunal's reasoningThe tribunal found that the claimants were employed by Mr John Paterson Gray, the first respondent. It ordered him to pay Mrs Elaine McKinlay £873.60 for breach of contract in respect of unpaid notice pay, £582.40 in unpaid wages under s.13 ERA 1996, £2,730 for a redundancy payment under s.163 ERA 1996, £18.20 for accrued but unpaid holiday pay, and £182 under s.38 Employment Act 2002 for failure to provide a written statement of employment particulars.
It ordered him to pay Mrs Catherine Ford £436.80 for breach of contract in respect of unpaid notice pay, £691.60 in unpaid wages under s.13 ERA 1996, £819 for redundancy pay, £30.94 for accrued but unpaid holiday pay, and £182 under s.38 Employment Act 2002.
It ordered him to pay Mrs Patricia Shepherd £424.98 for breach of contract in respect of unpaid notice pay, £850 in unpaid wages under s.13 ERA 1996, £675 for redundancy pay, £57.50 for accrued but unpaid holiday pay, and £150 under s.38 Employment Act 2002. The claims against the second and third respondents were dismissed. The total monetary award recorded by the judgment is £8,704.02.
Claims and outcomes
15 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Breach of contract | Mrs Elaine McKinlay; unpaid notice pay. | Upheld | — | £874 |
| Unlawful deduction from wages | Mrs Elaine McKinlay; unpaid wages under s.13 ERA 1996, subject to any statutory deductions properly due. | Upheld | — | £582 |
| Redundancy | Mrs Elaine McKinlay; redundancy payment under s.163 ERA 1996. | Upheld | — | £2,730 |
| Holiday pay | Mrs Elaine McKinlay; accrued but unpaid holiday pay under s.13 ERA 1996, subject to any statutory deductions properly due. | Upheld | — | £18 |
| Other | Mrs Elaine McKinlay; award under s.38 Employment Act 2002 for failure to provide a written statement of employment particulars in accordance with s.1 ERA 1996. | Upheld | — | £182 |
| Breach of contract | Mrs Catherine Ford; unpaid notice pay. | Upheld | — | £437 |
| Unlawful deduction from wages | Mrs Catherine Ford; unpaid wages under s.13 ERA 1996, subject to any statutory deductions properly due. | Upheld |
Remedy
Monetary award- Total award
- £8,704
- across all upheld claims
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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