Case 4102216/2017 · Employment Tribunal
Claimant v Proficient Security Ltd — 2018
- Case reference
- 4102216/2017
- Decision date
- 22 February 2018
- Jurisdiction
- Scotland
- Judge
- Employment Judge Mary Kearns
- Venue
- Glasgow
Parties
2 namedClaimant
Claimant
Respondent
Key findings
Tribunal's reasoningIn Mr Hishima Saidi's case against Proficient Security Limited, the respondent's contract claim was withdrawn at the hearing and dismissed. The tribunal then found that the respondent had made unauthorised deductions from the claimant's wages contrary to section 13 of the Employment Rights Act 1996 and ordered payment of £4,353.
The tribunal also awarded £450 for accrued but untaken annual leave under regulation 16 of the Working Time Regulations 1998. It further ordered the respondent to pay one week's statutory notice pay of £450.
In addition, because the respondent had failed to issue a written statement of employment particulars as required by section 1 of the Employment Rights Act 1996, and the claimant had succeeded in claims of the kind mentioned in Schedule 5 of the Employment Act 2002, the tribunal made an award of four weeks' pay, assessed at £1,800. The total monetary award was £7,053.
Claims and outcomes
5 findings recordedThis case has mixed outcomes under at least one legal claim type. A tribunal can uphold some allegations and dismiss others under the same legal head, so rows below may represent separate issues or allegation groups from the judgment.
| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Breach of contract | The respondent's contract claim was withdrawn at the hearing and dismissed. | Withdrawn | — | — |
| Unlawful deduction from wages | The tribunal found unauthorised deductions from wages contrary to section 13 Employment Rights Act 1996. | Upheld | — | £4,353 |
| Holiday pay | Award for accrued but untaken annual paid leave under regulation 16 of the Working Time Regulations 1998. | Upheld | — | £450 |
| Breach of contract | One week's statutory notice pay was awarded. | Upheld | — | £450 |
| Other | The respondent had failed to issue a written statement of employment particulars; the tribunal made an award of four weeks' pay under section 38 Employment Act 2002. | Upheld | — | £1,800 |
Remedy
Monetary award- Total award
- £7,053
- across all upheld claims
Legal tests applied
5 references- section 13 Employment Rights Act 1996
- regulation 16 Working Time Regulations 1998
- section 1 Employment Rights Act 1996
- section 38 Employment Act 2002
- Schedule 5 Employment Act 2002
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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