Case 4102099/2017 · Employment Tribunal
Mr W McCarthy v Coffee Club — 2017
- Case reference
- 4102099/2017
- Decision date
- 22 August 2017
- Jurisdiction
- Scotland
- Judge
- Employment Judge Robert Gall
Parties
2 namedClaimant
Mr W McCarthy
Respondent
Key findings
Tribunal's reasoningThe respondent did not present a response, and Employment Judge Robert Gall issued judgment on the available material under Rule 21 of the Employment Tribunal Rules of Procedure 2013. The tribunal therefore determined the claim without a hearing on liability and made awards on the papers. The listed hearing on 20 September 2017 was cancelled.
The tribunal upheld the claim for unauthorised deduction from wages and ordered payment of £680, described as payment for February 2017 and the claimant's wage due for the week to termination of employment. It also upheld the notice claim as a breach of contract claim and awarded £1,320, being four weeks' wages at £330 per week.
The tribunal further found that the claimant was dismissed by reason of redundancy and awarded a redundancy payment of £1,485, calculated by reference to his age of 52, three complete years of service, and weekly pay of £330. It also found that holiday entitlement had not been paid and ordered £1,320 for four weeks' holiday leave accrued but untaken at the end of employment.
The judgment records that the claimant had paid fees in connection with the claim and refers to R (on the application of UNISON) v Lord Chancellor [2017] UKSC 51. The judge directed that HMCTS be informed that fees had been paid and were therefore to be refunded to the claimant, with the repayment scheme to be handled by HMCTS.
Claims and outcomes
4 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Unlawful deduction from wages | The tribunal found an unauthorised deduction from wages covering payment for February 2017 and the claimant's wage due for the week to termination of employment. | Upheld | — | £680 |
| Breach of contract | The tribunal found dismissal in breach of contract in respect of notice and awarded damages equivalent to four weeks' wages at £330 per week. | Upheld | — | £1,320 |
| Redundancy | The tribunal found the claimant was dismissed by reason of redundancy and awarded a statutory redundancy payment calculated by reference to his age (52), three complete years' service, and weekly pay of £330. | Upheld | — | £1,485 |
| Holiday pay | The tribunal found the respondent had failed to pay the claimant's holiday entitlement and awarded four weeks' holiday leave accrued but untaken at termination. | Upheld | — | £1,320 |
Remedy
Monetary award- Total award
- £4,805
- 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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