Case 4104207/2018 · Employment Tribunal
R Gall Mr Alexander Cleland v My Kenneth Andrew Wilson — 2018
- Case reference
- 4104207/2018
- Decision date
- 17 July 2018
- Jurisdiction
- Scotland
- Judge
- Employment Judge Mr
- Venue
- Glasgow
Parties
2 namedClaimant
R Gall Mr Alexander Cleland
Respondent
Key findings
Tribunal's reasoningMr Alexander Cleland brought a claim in respect of one week's wages said to be due to him, quantified at £541.45 gross for work carried out. The claim had originally been presented against Kenneth Andrew Wilson, but at the hearing there was no appearance by Mr Wilson and no ET3 had been lodged on his behalf.
Mr Cleland gave evidence that he had no contract of employment or statement of particulars, had received one payslip during his employment, and believed the payslip referred to Juniper Hospitality Ltd. He confirmed that he wanted Juniper Hospitality Ltd added as the respondent and said that Mr Wilson had been a director of the company rather than his employer as an individual. He also confirmed that £541.45 was the only sum he regarded as due.
Judge R Gall applied Rule 34 and ordered Juniper Hospitality Ltd, Alexandra Street, Tillicoultry, to be added as a respondent, with Kenneth Andrew Wilson removed from the claim as apparently wrongly included. The judgment states that the claim would be served on Juniper Hospitality Ltd, that a hearing would take place if the claim was defended, and that a Rule 21 judgment might be granted if it was not defended. The tribunal did not determine liability or make a monetary award in this judgment.
Claims and outcomes
1 finding recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Other | The tribunal did not determine the merits of the wages claim. It ordered under Rule 34 that Juniper Hospitality Ltd be added as a respondent in substitution for Kenneth Andrew Wilson, who was removed as apparently wrongly included, and recorded that the claim would be served on Juniper Hospitality Ltd. | Other | — | — |
Legal tests applied
1 reference- Rule 34 of the Employment Tribunals (Constitution & Rules of Procedure) Regulations 2013
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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