Case 4103643/2023 · Employment Tribunal
E.T. Z (WR) EMPLOYMENT TRIBUNALS (SCOTLAND) Cases Nos: 4103643/2023 and 4103940/2023 Ms Pauline Joyce v Forth Valley Health Board — 2023
- Case reference
- 4103643/2023
- Decision date
- 14 November 2023
- Jurisdiction
- Scotland
- Judge
- Employment Judge A Kemp Date
Parties
2 namedClaimant
E.T. Z (WR) EMPLOYMENT TRIBUNALS (SCOTLAND) Cases Nos: 4103643/2023 and 4103940/2023 Ms Pauline Joyce
Respondent
Key findings
Tribunal's reasoningMs Pauline Joyce brought two linked claims against Forth Valley Health Board: one for breach of contract in case 4103643/2023 and one for unlawful deduction from wages in case 4103940/2023. The tribunal found that the breach of contract claim could not be heard because the claimant's employment had not ended. Ms Joyce accepted at the hearing that her contract was continuing and that she was still being paid, so the jurisdictional requirement in paragraph 3(c) of the Employment Tribunals (Extension of Jurisdiction) (Scotland) Order 1994 was not met. That claim was therefore dismissed.
On the unlawful deduction claim, the tribunal considered the contract, the claimant's explanation that she worked on a bank system with choice over hours and days, and her complaint that she had lost flexibility rather than that a specific sum had been underpaid. Applying Rule 37, the overriding objective in Rule 2, and the authorities it cited on wages and strike out, the tribunal held there was no contractual term or other legal obligation requiring payment of more than what was being paid, and no quantifiable shortfall that could amount to wages within section 27 of the Employment Rights Act 1996. It concluded the claim had no reasonable prospects of success and struck it out.
Because both claims were disposed of at this jurisdiction/strike-out hearing, the final hearing listed for 18 January 2024 did not proceed.
Claims and outcomes
2 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Breach of contract | Dismissed because the claimant's employment had not terminated, so the tribunal held it had no jurisdiction under paragraph 3(c) of the Employment Tribunals (Extension of Jurisdiction) (Scotland) Order 1994. | Dismissed | — | — |
| Unlawful deduction from wages | Struck out under Rule 37 on the basis that the claim had no reasonable prospects of success; the tribunal found no contractual or other legal basis for a quantifiable sum properly payable to the claimant. | Struck out | — | — |
Legal tests applied
11 references- Employment Tribunals (Extension of Jurisdiction) (Scotland) Order 1994 paragraph 3(c)
- Rule 2 overriding objective
- Rule 37
- section 27 Employment Rights Act 1996
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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
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