Case 4103043/2023 · Employment Tribunal
EMPLOYMENT TRIBUNALS (SCOTLAND) Case Nos: 4103043/2023, 4103272/2023, 4103398/2023, Ms N Carters Ms E Borthwick Ms K Purdy v Represented by: Mr A Dunn CAB, Peebles Artydough Ltd — 2023
- Case reference
- 4103043/2023
- Decision date
- 22 August 2023
- Jurisdiction
- Scotland
- Judge
- Employment Judge A Jones Date
Parties
2 namedClaimant
EMPLOYMENT TRIBUNALS (SCOTLAND) Case Nos: 4103043/2023, 4103272/2023, 4103398/2023, Ms N Carters Ms E Borthwick Ms K Purdy
Key findings
Tribunal's reasoningNo response was presented and no appearance was made for the respondent, Artydough Ltd. The case was decided on the available material under rule 21 of the Employment Tribunal Rules of Procedure 2013. The Employment Judge found that the respondent had made unauthorised deductions from the claimants' wages in respect of unpaid wages and accrued holiday, and had failed to provide statements of terms and conditions as required by section 1 Employment Rights Act 1996.
For Ms Carters, the tribunal awarded £3,224.84 for unpaid wages and £220.80, described as two weeks' pay, for the failure to provide a statement of terms and conditions. No holiday pay award was made in her case because she remained in employment and there was no evidence that she had requested annual leave and been refused it.
For Ms Borthwick, the tribunal awarded £1,512.28 for unpaid wages, £423.36 for unpaid holiday pay, and £687.72 for the statement issue. For Ms Purdy, it awarded £586.91 for unpaid wages, £323.02 for unpaid holiday pay, and £532.46 for the statement issue. The judgment also provided that the respondent could deduct tax and employee National Insurance contributions from the sums before payment if required by law.
Claims and outcomes
2 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Unlawful deduction from wages | Rule 21 judgment. The tribunal found unauthorised deductions from wages in respect of unpaid wages and accrued holiday. It awarded unpaid wages to all three claimants and unpaid holiday pay to Ms Borthwick and Ms Purdy; no holiday pay award was made to Ms Carters because she remained in employment and there was no evidence that she had requested annual leave and been refused it. | Upheld | — | — |
| Other | The tribunal also awarded two weeks' pay to each claimant for the respondent's failure to provide statements of terms and conditions required by section 1 Employment Rights Act 1996. | Upheld | — | — |
Remedy
Monetary award- Total award
- £7,511
- across all upheld claims
Legal tests applied
2 references- Rule 21 of the Employment Tribunal Rules of Procedure 2013
- section 1 Employment Rights Act 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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