Case 4103704/2023 · Employment Tribunal
Ms C Nugent v Represented by Ms A Bowman - Solicitor Bells Pub Group Limited — 2024
- Case reference
- 4103704/2023
- Decision date
- 8 July 2024
- Jurisdiction
- Scotland
- Judge
- Employment Judge M Sangster
- Venue
- Edinburgh
Parties
2 namedClaimant
Ms C Nugent
Key findings
Tribunal's reasoningMs C Nugent succeeded in her claim under s.23 ERA 1996 for unlawful deductions from wages against 6 Bells Pub Group Ltd. The tribunal ordered payment of £1,745.22 gross, made up of £1,415.04 for three weeks' salary in January 2023 that should have been paid on 28 February 2023, and £330.18 for payment in lieu of holiday entitlement due on termination.
The tribunal also found that the respondent had failed to give the claimant a written statement of particulars of employment as required by s.1 ERA 1996. Because the claimant succeeded in a Schedule 5 Employment Act 2002 claim and no written statement had been issued, the tribunal awarded two weeks' pay at the capped rate of £571 per week, totalling £943.36 under s.38(3) Employment Act 2002.
The claimant's wrongful dismissal complaint was withdrawn and dismissed following withdrawal. The respondent was permitted to deduct income tax and employee National Insurance contributions from the gross sum ordered under paragraph 1 if required by law before paying the balance to the claimant.
Claims and outcomes
3 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Unlawful deduction from wages | The tribunal found that £1,745.22 had been unlawfully deducted from wages under s.13 ERA 1996. This comprised £1,415.04 for three weeks' salary in January 2023, due on 28 February 2023, and £330.18 for payment in lieu of holiday entitlement due on termination. | Upheld | — | £1,745 |
| Other | The tribunal found that the respondent failed to give the claimant a written statement of particulars of employment required by s.1 ERA 1996. As a consequence of success in a Schedule 5 Employment Act 2002 claim, the tribunal awarded two weeks' pay capped at £571 per week, totalling £943.36 under s.38(3) Employment Act 2002. | Upheld | — | £943 |
| Wrongful dismissal | The claimant's wrongful dismissal complaint was withdrawn and dismissed following withdrawal. | Withdrawn | — | — |
Remedy
Monetary award- Total award
- £2,689
- across all upheld claims
Legal tests applied
5 references- s.23 ERA 1996
- s.13 ERA 1996
- s.1 ERA 1996
- Schedule 5 Employment Act 2002
- s.38(3) 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.
Named in this case and want it removed? Submit a takedown request. The page will be withdrawn on receipt and the editor will follow up within five working days.