Case 4105558/2022 · Employment Tribunal
EMPLOYMENT TRIBUNALS (SCOTLAND) Case No: 4105558/2022 Held at Aberdeen on January 2023 Employment Judge N M Hosie Mrs N Sutherland v Hrafn Shetland Ltd — 2023
- Case reference
- 4105558/2022
- Decision date
- 20 January 2023
- Jurisdiction
- Scotland
- Venue
- Aberdeen
Parties
2 namedClaimant
EMPLOYMENT TRIBUNALS (SCOTLAND) Case No: 4105558/2022 Held at Aberdeen on January 2023 Employment Judge N M Hosie Mrs N Sutherland
Respondent
Key findings
Tribunal's reasoningThe claimant, Mrs N Sutherland, appeared in person and the respondent did not appear. The tribunal recorded that the claim was not defended. On the basis of the claim form and supporting documents, the tribunal was satisfied that she had been employed by Hrafn Shetland Ltd as a Shop Assistant and had 20 complete years' continuous employment from 9 May 2002 until her dismissal in August 2022, which the tribunal recorded as a summary dismissal.
The tribunal upheld the claim for unlawful deductions from wages and awarded £1,703 for 131 hours' work at £13 per hour. It also upheld the Working Time Regulations claim and awarded £104 for one day's accrued annual leave at the same hourly rate. The tribunal upheld the breach of contract claim for failure to give notice and awarded £4,764.50, being 12 weeks' notice at £397.04 per week.
The tribunal further upheld the redundancy payment claim and awarded £6,154.12 based on the claimant's 20 years' service, using the Gov.UK redundancy calculator. It also made an award of £794.08 for the respondent's failure to provide a written statement of terms and conditions of employment, calculated as two weeks' pay. The tribunal noted that, although the claimant said she had not received a P60 or P45, it had no authority to order the respondent to issue those documents.
Claims and outcomes
5 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Unlawful deduction from wages | The tribunal found the claimant was owed 131 hours' pay at £13 per hour under s.23 ERA 1996. | Upheld | — | £1,703 |
| Working time regulations | Payment in lieu of annual leave under Regulation 30(1)(b) of the Working Time Regulations 1998. | Upheld | — | £104 |
| Breach of contract | Damages for failure to give 12 weeks' notice of termination. | Upheld | — | £4,765 |
| Redundancy | Redundancy payment based on 20 years' service, calculated by the Gov.UK redundancy calculator. | Upheld | — | £6,154 |
| Other | Award for failure to provide a written statement of terms and conditions of employment; classified as other because the taxonomy has no dedicated written-statements category. | Upheld | — | £794 |
Remedy
Monetary award- Total award
- £13,520
- across all upheld claims
Legal tests applied
2 references- s.23 of the Employment Rights Act 1996
- Regulation 30(1)(b) of the Working Time Regulations 1998
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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