Case 4103138/2023 · Employment Tribunal
Mr. Scott Carson v Total Health And Safety Ltd. — 2023
- Case reference
- 4103138/2023
- Decision date
- 31 October 2023
- Jurisdiction
- Scotland
- Judge
- Employment Judge Tinnion
Parties
2 namedClaimant
Mr. Scott Carson
Respondent
Key findings
Tribunal's reasoningMr Scott Carson brought an unauthorised deduction from wages claim under s.13 of the Employment Rights Act 1996 against Total Health And Safety Ltd. The tribunal found that the claim had been presented out of time and that it was reasonably practicable for the claimant to have presented it in time.
On that basis, the tribunal held that it had no jurisdiction over the claim. It therefore struck the claim out under Rule 37(1)(a) on the basis that there was no reasonable prospect of success given the jurisdictional defect. No monetary award was made.
Claims and outcomes
1 finding recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Unlawful deduction from wages | The claim under s.13 ERA 1996 was presented out of time. The tribunal found it was reasonably practicable for the claimant to have presented the claim in time, so it had no jurisdiction and struck the claim out under Rule 37(1)(a). | Struck out | — | — |
Legal tests applied
2 references- s.13 Employment Rights Act 1996
- Rule 37(1)(a)
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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