Case 4102671/2019 · Employment Tribunal
Mr B Kershaw v Represented by: Ms E Drysdale - Trainee Solicitor WWCM Ltd t/a Cafuffals and 1 other — 2019
- Case reference
- 4102671/2019
- Decision date
- 14 November 2019
- Jurisdiction
- Scotland
- Judge
- Employment Judge F Eccles
- Venue
- Glasgow
Parties
3 namedClaimant
Mr B Kershaw
Key findings
Tribunal's reasoningAt the hearing in Glasgow on 11 November 2019 before Employment Judge F Eccles, the claimant was represented by Ms E Drysdale. The first respondent did not appear and was not represented. The tribunal held that WWCM Ltd t/a Cafuffals, the first respondent, had made an unauthorised deduction from the claimant's wages and ordered payment of £328.86 as outstanding wages. It also ordered payment of £880.88 for outstanding holiday pay.
The tribunal further found that the claimant had not received a statement of employment particulars from the first respondent and made an award of £469.80 under section 38 of the Employment Act 2002, calculated as 2 weeks x £234.90. The judgment records that the sex discrimination claim was continued subject to amendment, so no determination was made on that claim in this decision. The monetary orders in this judgment total £1,679.54.
Claims and outcomes
3 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Unlawful deduction from wages | The first respondent was found to have made an unauthorised deduction from the claimant's wages under section 23 of the Employment Rights Act 1996; the award was described as outstanding wages. | Upheld | — | £329 |
| Holiday pay | The first respondent was ordered to pay outstanding holiday pay. | Upheld | — | £881 |
| Other | Award made under section 38 of the Employment Act 2002 because the claimant did not receive a statement of employment particulars; the amount was stated as 2 weeks x £234.90. | Upheld | — | £470 |
Remedy
Monetary award- Total award
- £1,680
- across all upheld claims
Legal tests applied
2 references- s.23 Employment Rights Act 1996
- s.38 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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