Case 4101966/2020 · Employment Tribunal
Ms D Strachan v Mr J Hamilton t/a The Travellers Rest — 2020
- Case reference
- 4101966/2020
- Decision date
- 12 August 2020
- Jurisdiction
- Scotland
- Judge
- Employment Judge I McFatridge
Parties
2 namedClaimant
Ms D Strachan
Respondent
Key findings
Tribunal's reasoningMs D Strachan gave evidence by telephone and the respondent did not lodge an ET3. The tribunal accepted her evidence as honest and found that she had worked as a cleaner at the Travellers Rest from about 7 November 2017, with Mr J Hamilton remaining her employer and Mr Cairney acting as his manager.
It accepted that wages for the final week had not been paid when due and found that £110.83 had been unlawfully withheld. It also found that she had been dismissed with immediate effect on 15 December 2019 without notice, and awarded £240 in lieu of notice under section 86 of the Employment Rights Act 1996. The tribunal further found that the claimant was entitled to three days' accrued but untaken holiday, valued at £66, and treated the leave year as running from 7 November to 6 November under the Working Time Regulations.
On unfair dismissal, the tribunal found that no reason and no procedure had been given for termination. It awarded a basic award of £360 and compensation for wage loss of £3,600, together with £300 for loss of statutory rights. The formal judgment records unfair dismissal compensation at £4,220.
Claims and outcomes
4 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Unlawful deduction from wages | Final week's wages found due as at 15 December 2019. | Upheld | — | £111 |
| Breach of contract | Notice pay was awarded under section 86 of the Employment Rights Act 1996. | Upheld | — | £240 |
| Holiday pay | Tribunal held three days' accrued leave remained in the holiday year that began on 7 November 2019. | Upheld | — | £66 |
| Unfair dismissal | Reasons state £3,600 wage loss, £360 basic award and £300 loss of statutory rights, but the formal order records £4,220; the figures do not fully reconcile. | Upheld | — | £4,220 |
Remedy
Monetary award- Total award
- £4,220
- across all upheld claims
- Basic award
- £360
- statutory, unfair dismissal
- Compensatory award
- £3,900
- compensatory remedy recorded
Legal tests applied
2 references- section 86 Employment Rights Act 1996
- Working Time Regulations
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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