Case 4105344/2017 · Employment Tribunal
M Robison Mr M McKirdy v Respondent — 2018
- Case reference
- 4105344/2017
- Decision date
- 12 January 2018
- Jurisdiction
- Scotland
- Judge
- Employment Judge Ms
- Venue
- Glasgow
Parties
1 namedClaimant
M Robison Mr M McKirdy
Respondent
- —
Key findings
Tribunal's reasoningThe claimant sought unpaid wages and outstanding holiday pay following the termination of his employment with the respondent on 7 July 2017. A copy of the claim form was sent to the respondent on 30 October 2017, but the respondent did not enter a response within the 28-day period. The claimant did not attend the hearing; when contacted by the clerk, he said he had not appreciated that he was still required to attend after being asked for more information. The tribunal decided it could determine the claims on the material available.
On the wages claim, the tribunal found that the claimant was due unpaid wages for the period from 29 June to 7 July 2017, calculated as 9 days at a daily rate of £82.19. It awarded £739.71 in respect of unpaid wages.
On holiday pay, the tribunal accepted that the claimant had started employment on 22 February 2016 and had taken two weeks' holiday from 3 to 17 November 2016. There was no evidence that any leave could be carried forward from one holiday year to the next, so the tribunal treated the holiday year as starting on 22 February 2017. It found that the claimant had not taken any holidays before termination on 7 July 2017.
Applying an annual entitlement of 28 days, the tribunal calculated a pro rata entitlement of 9.5 days for the period from 22 February 2017 to termination. At a daily rate of £82.19, it awarded £780.80 in respect of unpaid holiday pay.
Claims and outcomes
2 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Breach of contract | The judgment describes this as unpaid wages for 29 June to 7 July 2017. The legal basis is not expressly named in the reasons. | Upheld | — | £740 |
| Holiday pay | The tribunal found outstanding holiday pay due on a pro rata basis after the claimant's employment ended on 7 July 2017. | Upheld | — | £781 |
Remedy
Monetary award- Total award
- £1,521
- across all upheld claims
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.
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