Case 4106797/2023 · Employment Tribunal
Hardman v Unique Hospitality Ltd — 2024
- Case reference
- 4106797/2023
- Decision date
- 18 January 2024
- Jurisdiction
- Scotland
- Judge
- Employment Judge M Sutherland Lydia
- Venue
- Dundee
Parties
2 namedClaimant
Hardman
Respondent
Key findings
Tribunal's reasoningThe claimant worked for Unique Hospitality Ltd as a Kitchen Assistant from 2 May 2023 to 11 August 2023 at an hourly rate of £9.18. She was paid monthly one month in arrears. The tribunal found that she worked 54.5 hours in July and 34.5 hours in August, but was paid only £261.63 for 28.5 hours on 30 August 2023 and received no pay on 30 September 2023.
The tribunal accepted the claimant's evidence as wholly credible and reliable, and said it was fully supported by documentary evidence. The respondent did not resist the complaint and did not appear at the hearing. Applying section 13 ERA 1996, the tribunal held that the total amount of wages paid on the relevant occasions was less than the total amount properly payable.
The tribunal identified an unlawful deduction of £238.68 for August 2023 and £316.71 for September 2023, making a total unlawful deduction of £555.39 gross. Judgment was therefore entered for the claimant in that sum, with tax and national insurance to be deducted as applicable.
Claims and outcomes
1 finding recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Unlawful deduction from wages | The tribunal found unlawful deductions from wages arising from underpayment for work in August and September 2023. It calculated the shortfall as £238.68 for August and £316.71 for September, totalling £555.39 gross. | Upheld | — | £555 |
Remedy
Monetary award- Total award
- £555
- across all upheld claims
Legal tests applied
4 references- s.13 ERA 1996
- s.13(3) ERA 1996
- s.23 ERA 1996
- balance of probabilities
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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