Case 4104615/2020 · Employment Tribunal

Fernando v Represented by: Ms R Mohammed, Solicitor Rumel Ltd t/a Redstone Hotel — 2021

Case reference: 4104615/2020
Decision date: 7 April 2021
Jurisdiction: Scotland
Judge: Employment Judge Murphy

Indexed: 22 May 2026

Parties

2 named

Claimant

Fernando

Respondent

Represented by: Ms R Mohammed, Solicitor Rumel Ltd t/a Redstone Hotel

Key findings

Tribunal's reasoning

The case was heard by Employment Judge Murphy on 7 April 2021 via CVP. The respondent did not attend or represent itself. The tribunal upheld a claim for unauthorised deduction from wages under section 13 of the Employment Rights Act 1996 and ordered payment of £869.43 for unpaid wages covering 9 March 2020 to 19 June 2020.

The tribunal also upheld a separate wages claim for £780 in respect of accrued untaken annual leave outstanding on termination of employment on 19 June 2020. The sums awarded on those two items were stated to be gross of tax and national insurance, with any lawful deductions to be made by the respondent.

In addition, the tribunal found that the respondent failed to give the claimant a written statement of employment particulars required by section 1 of the Employment Rights Act 1996, and that the failure persisted when proceedings were begun. Under section 38(3) of the Employment Act 2002, it awarded two weeks' capped pay, assessed at £1,076.

The tribunal further found a failure to provide itemised pay statements required by section 8 of the Employment Rights Act 1996 from and after 20 March 2020. It recorded unnotified deductions in the 13 weeks before the claimant's application for a reference under section 11 of the Employment Rights Act 1996 and awarded £780 under section 12(4).

Claims and outcomes

4 findings recorded

Claim type	Issue or finding	Outcome	Protected characteristic	Award
Unlawful deduction from wages	Unauthorised deduction from wages under section 13 of the Employment Rights Act 1996 for unpaid wages for the period from 9 March 2020 to 19 June 2020; awarded gross of tax and national insurance.	Upheld	—	£869
Holiday pay	Unauthorised deduction from wages under section 13 of the Employment Rights Act 1996 for accrued untaken annual leave outstanding on termination of employment on 19 June 2020; awarded gross of tax and national insurance.	Upheld	—	£780
Other	Failure to give the claimant a written statement of employment particulars required by section 1 of the Employment Rights Act 1996; the failure persisted when proceedings were started, and the tribunal awarded two weeks' capped pay under section 38(3) of the Employment Act 2002.	Upheld	—	£1,076
Other	Failure to provide itemised pay statements required by section 8 of the Employment Rights Act 1996 from and after 20 March 2020; the tribunal also recorded unnotified deductions in the 13 weeks before the claimant's application for a reference under section 11 of the Employment Rights Act 1996, and awarded £780 under section 12(4).	Upheld	—	£780

Remedy

Monetary award

Total award: £3,505; across all upheld claims

Legal tests applied

6 references

Official outcome judgment PDF

Gov.uk primary record

The 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.

Open official judgment PDF on gov.uk

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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