EMPLOYMENT TRIBUNALS (SCOTLAND) Case No: 4106803/2023 Held via Cloud Video Platform (CVP) on January 2024 Employment Judge N M Hosie Mr M Doyle v Reigart Contracts Ltd — 2024

The respondent did not lodge an ET3 and the claim proceeded undefended. The tribunal heard evidence from Mr Mark Doyle, found him measured, consistent, convincing, credible and reliable, and accepted his account. It found that he started work as a Supervisor on 10 July 2023 and was not provided with a written statement of particulars of employment.

The tribunal found that Mr Doyle was summarily dismissed on 15 August 2023 when he reported for work after a day's sickness absence. It was satisfied that the respondent made a deduction from his final wage, said to relate to training costs, but that the deduction was not authorised by statute, contract, or written consent. The tribunal held that the deduction was an unlawful deduction from wages under s.23 of the Employment Rights Act 1996 and awarded £500.

Because Mr Doyle had been employed for more than one month, the tribunal found that he was entitled to one week's statutory notice. The respondent's failure to give that notice was a breach of contract, and the tribunal awarded £650, reflecting his weekly pay. It also found that the respondent had failed to provide written particulars of employment as required by s.1 of the Employment Rights Act 1996.

The tribunal held that, because both successful claims were listed in Schedule 5 of the Employment Act 2002, it had to award the minimum amount of two weeks' pay for the written particulars failure. It therefore awarded a further £1,300, bringing the total award to £2,450.