Case 4102532/2018 · Employment Tribunal
Claimant v Joseph Mooney — 2018
- Case reference
- 4102532/2018
- Decision date
- 2 May 2018
- Jurisdiction
- Scotland
- Judge
- Employment Judge Emma Bell
Parties
2 namedClaimant
Claimant
Respondent
Key findings
Tribunal's reasoningThe respondent did not enter a response after the claim form was sent on 24 March 2018. The tribunal proceeded under Rule 21 and decided, on the available material, that liability and remedy could properly be determined without a hearing.
The claimant’s complaint of unlawful deductions from wages under s.13 of the Employment Rights Act 1996 succeeded. The tribunal awarded £249.90 net, calculated by reference to 35 hours at £7.50 per hour, being £262.50 gross and £249.90 net.
The claimant’s complaint for accrued holiday pay under regulation 16 of the Working Time Regulations 1998 also succeeded. The tribunal awarded £599.76 net, calculated by reference to 84 hours at £7.50 per hour, being £630 gross and £599.76 net.
The tribunal further recorded that the respondent had failed to provide the claimant with a Statement of Terms and Conditions of Employment. It said it was just and equitable to make an award of 4 weeks' pay under s.38 of the Employment Act 2002, and awarded £1,086.80. The total monetary award recorded by the judgment is £1,936.46.
Claims and outcomes
3 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Working time regulations | Awarded under regulation 16 of the Working Time Regulations 1998 for 84 hours at £7.50 per hour, giving £630 gross and £599.76 net. | Upheld | — | £600 |
| Unlawful deduction from wages | Awarded under s.13 ERA 1996 in the amount of 35 hours at £7.50 per hour, giving £262.50 gross and £249.90 net. | Upheld | — | £250 |
| Other | The tribunal made an award under s.38 of the Employment Act 2002 for failure to provide a Statement of Terms and Conditions of Employment, calculated as 4 weeks' pay. | Upheld | — | £1,087 |
Remedy
Monetary award- Total award
- £1,936
- 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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