Case 4101676/2023 · Employment Tribunal
Miss A McAuley-Biasi Mr A Ross v The Chocolate & Pastry Bar Ltd — 2023
- Case reference
- 4101676/2023
- Decision date
- 3 May 2023
- Jurisdiction
- Scotland
- Judge
- Employment Judge J Shepherd
- Venue
- Edinburgh
Parties
2 namedClaimant
Miss A McAuley-Biasi Mr A Ross
Respondent
Key findings
Tribunal's reasoningThe respondent, The Chocolate & Pastry Bar Ltd, did not appear or take part in the hearing. Employment Judge J Shepherd sat alone in Edinburgh by Cloud Video Platform on 27 April 2023 and gave oral reasons at the hearing, with the judgment entered in the register on 3 May 2023.
The tribunal found the first claimant's complaint of unauthorised deduction from wages in respect of arrears of pay to be well founded and awarded £288.28 gross, subject to deductions for income tax and national insurance. The first claimant's complaint for holiday pay accrued but unpaid at termination was also well founded, with an award of £514.90 gross subject to deductions.
The second claimant's complaint of unauthorised deduction from wages in respect of arrears of pay was also found well founded, with an award of £122.94 gross; the written judgment line refers to payment to the first claimant, but the context indicates this was the second claimant's award. The second claimant's complaint for unpaid holiday pay at termination was likewise well founded, with an award of £357.89 gross subject to deductions. No discrimination or other additional claims are recorded in the judgment text.
Claims and outcomes
4 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Unlawful deduction from wages | First claimant: complaint of unauthorised deduction from wages in respect of arrears of pay was found well founded. | Upheld | — | £288 |
| Holiday pay | First claimant: complaint for holiday pay accrued but unpaid at termination was found well founded. | Upheld | — | £515 |
| Unlawful deduction from wages | Second claimant: the judgment text says the respondent shall pay the sum to the first claimant, but the surrounding context indicates this was intended to be the second claimant's arrears of pay award. | Upheld | — | £123 |
| Holiday pay | Second claimant: complaint for holiday pay accrued but unpaid at termination was found well founded. | Upheld | — | £358 |
Remedy
Monetary award- Total award
- £1,284
- 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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