Case 4102230/2020 · Employment Tribunal
ETZ 4(WR) EMPLOYMENT TRIBUNALS (SCOTLAND) Judgment of the Employment Tribunal in Undefended Case No: 4102230/2020 Issued Following Final Hearing Held at Edinburgh on th of August 2020 Employment Judge J G d’Inverno Ms J Campbell v Audrey Thorburn — 2020
- Case reference
- 4102230/2020
- Decision date
- 24 September 2020
- Jurisdiction
- Scotland
- Judge
- Employment Judge Joseph
- Venue
- Edinburgh
Parties
2 namedClaimant
ETZ 4(WR) EMPLOYMENT TRIBUNALS (SCOTLAND) Judgment of the Employment Tribunal in Undefended Case No: 4102230/2020 Issued Following Final Hearing Held at Edinburgh on th of August 2020 Employment Judge J G d’Inverno Ms J Campbell
Respondent
Key findings
Tribunal's reasoningThe case proceeded as an undefended final hearing by telephone conference on 24 August 2020. The claimant appeared in person and gave evidence on oath, which the tribunal accepted as credible and reliable. The respondent did not enter appearance.
The tribunal found that, with the exception of the pay period 14 to 27 December 2019, the respondent had failed to provide written itemised pay statements including statements of fixed deductions during the claimant's employment between 7 December 2019 and 21 January 2020. It made a declaration under sections 8, 11 and 12 of the Employment Rights Act 1996 and set out the particulars that ought to have appeared on the missing statements, including the hours worked, gross pay, deductions and net pay for each period.
On the wages issue, the tribunal found that the claimant was entitled to a contractual hourly rate of £8.50 but had been paid £8.21 for the total 170 hours worked. It held that this amounted to an unnotified and unauthorised deduction of 29 pence per hour, totalling £49.30, contrary to section 13 of the Employment Rights Act 1996. The tribunal ordered the respondent to pay that sum forthwith under section 12(4).
Claims and outcomes
2 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Other | Declaration under sections 8, 11 and 12 of the Employment Rights Act 1996 that, for all but one two-week pay period between 7 December 2019 and 21 January 2020, the respondent failed to provide written itemised pay statements including statements of fixed deductions. | Upheld | — | — |
| Unlawful deduction from wages | The tribunal found the claimant was contractually entitled to £8.50 per hour but had been paid £8.21 per hour for 170 hours, creating an unauthorised and unnotified deduction of 29 pence per hour, totalling £49.30. The judgment also referred to this as being in breach of contract and ordered payment under section 12(4) ERA 1996. | Upheld | — | £49 |
Remedy
Monetary award- Total award
- £49
- across all upheld claims
Legal tests applied
3 references- sections 8, 11 and 12 ERA 1996
- section 13 ERA 1996
- section 12(4) ERA 1996
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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