Case 4107040/2019 · Employment Tribunal
Mr G Warburton v The Carloway Mill Limited — 2019
- Case reference
- 4107040/2019
- Decision date
- 3 September 2019
- Jurisdiction
- Scotland
- Judge
- Employment Judge F Eccles
- Venue
- Glasgow
Parties
2 namedClaimant
Mr G Warburton
Respondent
Key findings
Tribunal's reasoningThe claimant presented a claim for outstanding holiday pay and contractual notice pay. He attended the hearing in person, and the respondent did not appear or resist the claim. The claimant produced a letter from the respondent confirming that his contract entitled him to one month's holiday and 12 weeks' notice pay, and he also produced a letter confirming that his employment terminated on 27 February 2019.
On the evidence before it, the tribunal was satisfied that the claimant was entitled to 4 weeks' holiday pay of £1,608 and 12 weeks' contractual notice pay of £4,824, both calculated at £402 per week. The tribunal also found that the claimant had not been given written employment particulars during his employment.
Applying section 38 of the Employment Act 2002, the tribunal decided it was appropriate to award 4 weeks' compensation for the failure to provide employment particulars. As no reason for that failure was advanced by the respondent, the tribunal awarded a further £1,608.
Claims and outcomes
3 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Holiday pay | Tribunal awarded outstanding contractual holiday pay of 4 weeks at £402 per week. | Upheld | — | £1,608 |
| Breach of contract | Tribunal awarded 12 weeks' contractual notice pay at £402 per week. | Upheld | — | £4,824 |
| Other | Award made under section 38 of the Employment Act 2002 for failure to provide written employment particulars; taxonomy has no specific enum for this claim. | Upheld | — | £1,608 |
Remedy
Monetary award- Total award
- £8,040
- across all upheld claims
Legal tests applied
1 reference- section 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
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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