Case 4102941/2023 · Employment Tribunal
EMPLOYMENT TRIBUNALS (SCOTLAND) Case No: 4102941/2023 Held at Glasgow on September 2023 Employment Judge J M Hendry Mr M Michalik v Represented by Mr D Ferrol - Private Individual SBFM — 2023
- Case reference
- 4102941/2023
- Decision date
- 13 October 2023
- Jurisdiction
- Scotland
- Venue
- Glasgow
Parties
2 namedClaimant
EMPLOYMENT TRIBUNALS (SCOTLAND) Case No: 4102941/2023 Held at Glasgow on September 2023 Employment Judge J M Hendry Mr M Michalik
Key findings
Tribunal's reasoningThis was an interlocutory judgment dated 13 September 2023. For the reasons given orally at the hearing, the Tribunal granted the respondent's application for an extension of time to lodge its ET3, as requested in the respondent's letter of 3 August 2023, and accepted the ET3 despite its late lodging.
No substantive liability findings were made in this judgment. The Tribunal recorded that the case should proceed to a Final Hearing on two issues: whether the claimant had been properly paid his holiday pay, and whether the respondent was entitled to dismiss the claimant for gross misconduct and withhold payment in lieu of notice.
Claims and outcomes
2 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Working time regulations | The judgment did not determine the holiday pay issue on the merits. It granted the respondent's application for an extension of time to lodge the ET3 and listed the holiday pay issue for a future final hearing. | Other | — | — |
| Breach of contract | The judgment did not determine whether the respondent was entitled to dismiss the claimant for gross misconduct or withhold payment in lieu of notice. Those issues were identified for a future final hearing after the late ET3 was accepted. | Other | — | — |
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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