Case 4106951/2020 · Employment Tribunal
Ms Deborah Halpern v Meltmongers Ltd — 2021
- Case reference
- 4106951/2020
- Decision date
- 13 May 2021
- Jurisdiction
- Scotland
- Judge
- Employment Judge J Shepherd
Parties
2 namedClaimant
Ms Deborah Halpern
Respondent
Key findings
Tribunal's reasoningMs Deborah Halpern was employed by Meltmongers Ltd from 11 June 2019 as a Head Chef on an annual salary of £24,000. In January 2020 the parties agreed that she would move to part-time working from 20 January 2020, usually one day in each of the respondent’s shops, for 15 hours per week at £10 per hour, which the tribunal treated as £150 gross per week or £650 gross per month.
Claims and outcomes
3 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Holiday pay | Claim for untaken holiday accrued in the 2019 leave year. The tribunal found there was no entitlement or agreement to carry the leave over, no entitlement to payment in lieu, and the claim was also presented out of time. | Dismissed | — | — |
| Unlawful deduction from wages | Claim based on alleged underpayment of furlough pay between 24 March 2020 and 20 July 2020, including the final week of March 2020. The tribunal found the wages properly payable were £120 per week during furlough, equivalent to £520 per month, and that the March deduction claim was out of time. | Dismissed | — | — |
| Other | Request for an award under s.38 Employment Act 2002 for failure to provide written particulars. The tribunal made no award because all substantive claims were dismissed. | Dismissed | — | — |
Legal tests applied
5 references- Regs 13 and 13A Working Time Regulations 1998
- s.13 ERA 1996
- s.23(2) ERA 1996
- Bear Scotland Ltd v Fulton and another [2015] ICR 221
- s.38 Employment Act 2002
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
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