Case 4105630/2024 · Employment Tribunal
Mr D Moffat v Bonnyrigg Rose Charitable Society — 2024
- Case reference
- 4105630/2024
- Decision date
- 4 November 2024
- Jurisdiction
- Scotland
- Judge
- Employment Judge Sangster
- Venue
- Edinburgh
Parties
2 namedClaimant
Mr D Moffat
Respondent
Key findings
Tribunal's reasoningThe tribunal amended the respondent's name to Bonnyrigg Rose Charitable Society. It then upheld the claimant's complaint under s23 of the Employment Rights Act 1996, finding that the respondent had made unlawful deductions from wages contrary to s13 ERA 1996. The tribunal ordered payment of £602.00 for hours worked and holidays taken from 30 May to 2 June 2024 inclusive, and £427.00 for 30.5 hours' holiday that had accrued but remained untaken on termination.
The tribunal also found that the claimant was dismissed in breach of contract in respect of notice and awarded damages of £477.43. It directed that the gross sums awarded under paragraph 2 could be reduced for Income Tax and Employee National Insurance Contributions if required by law, provided the respondent remitted those sums to HMRC and gave the claimant written evidence of the deductions and remittance. Oral reasons were given at the hearing and written reasons were not to be provided unless requested within 14 days.
Claims and outcomes
2 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Unlawful deduction from wages | The tribunal upheld the complaint under s23 ERA 1996 and ordered payment of two gross sums: £602.00 for hours worked and holidays taken from 30 May to 2 June 2024 inclusive, and £427.00 for 30.5 hours' holiday accrued but untaken on termination. | Upheld | — | £1,029 |
| Breach of contract | The tribunal found the claimant was dismissed in breach of contract in respect of notice and awarded damages of £477.43. | Upheld | — | £477 |
Remedy
Monetary award- Total award
- £1,506
- across all upheld claims
Legal tests applied
2 references- s.23 ERA 1996
- s.13 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
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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