Case 4104866/2017 · Employment Tribunal
Mr Muaz Abdulrhaman v Point One Security Solutions Ltd — 2019
- Case reference
- 4104866/2017
- Decision date
- 10 January 2019
- Jurisdiction
- Scotland
- Judge
- Employment Judge Claire McManus
- Venue
- Glasgow
Parties
2 namedClaimant
Mr Muaz Abdulrhaman
Respondent
Key findings
Tribunal's reasoningMr Muaz Abdulrhaman brought an undefended claim against Point One Security Solutions Ltd for unpaid wages and mileage expenses. The respondent filed no ET3 and did not attend the 9 January 2019 hearing. The tribunal accepted the claimant's oral evidence as entirely credible and reliable. It found that he had worked for the respondent as a security guard at various locations and that manager Gary McLauchlan sent him instructions to attend those locations.
On the facts found, the tribunal accepted that the claimant had been paid £463.57 for June 2017, which represented the full net amount due for that month. It found that no payment had been made for work carried out in July 2017 or August 2017. At a gross hourly rate of £7.50, the claimant was due £1,083.75 for 144.5 hours worked in July and £1,110 for 148 hours worked in August, giving unpaid wages of £2,193.75.
The tribunal also found that the claimant was entitled to mileage expenses at 111p per mile for travel to and from work locations in June, July and August 2017, totalling £332.79. It held that mileage expenses were an 'emolument referable to his employment' and therefore wages for the purposes of section 13 and section 27(1)(a) of the Employment Rights Act 1996. Judgment was entered for £2,193.75 in unpaid wages and £332.79 in unpaid mileage expenses, subject to lawful deductions for tax and employee National Insurance contributions.
Claims and outcomes
2 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Unlawful deduction from wages | Unpaid wages for work in July and August 2017. The tribunal found that June 2017 wages had already been paid by cheque and that the remaining gross wages due were £1,083.75 for July 2017 and £1,110 for August 2017. | Upheld | — | £2,194 |
| Unlawful deduction from wages | Unpaid mileage expenses for travel to and from work locations in June, July and August 2017. The tribunal applied the mileage rate of 111p per mile and held that the sum was due as an emolument referable to employment. | Upheld | — | £333 |
Remedy
Monetary award- Total award
- £2,527
- across all upheld claims
Legal tests applied
2 references- Section 13 ERA 1996
- Section 27(1)(a) ERA 1996
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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