Case 4107271/2020 · Employment Tribunal
Mr P McLean v Mr Amin Hussain — 2021
- Case reference
- 4107271/2020
- Decision date
- 19 February 2021
- Jurisdiction
- Scotland
- Judge
- Employment Judge P Smith
Parties
2 namedClaimant
Mr P McLean
Respondent
Key findings
Tribunal's reasoningThe tribunal, sitting by CVP on 2 February 2021 before Employment Judge P Smith, upheld the claimant’s claim that the respondent had made an unauthorised deduction from his September 2020 wages. It awarded £1,046.40 gross for that claim.
The tribunal also upheld the claimant’s holiday pay claim and his breach of contract claim for notice pay. It ordered payment of £262.91 gross for holiday pay and £366.20 in damages for one week’s notice, calculated by reference to 40 hours per week at £8.72 per hour.
In addition, the tribunal made an award of £732.48 under s.38 Employment Act 2002 because the respondent had not issued a statement of employment particulars. Written reasons were not provided because reasons had been given orally at the hearing unless requested in writing within 14 days.
Claims and outcomes
4 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Unlawful deduction from wages | Unauthorised deduction from the claimant’s September 2020 wages; gross award of £1,046.40. | Upheld | — | £1,046 |
| Holiday pay | Holiday pay claim succeeded; gross award of £262.91. | Upheld | — | £263 |
| Breach of contract | Notice pay claim succeeded; damages of £366.20, calculated as one week’s notice at 40 hours per week x £8.72 per hour. | Upheld | — | £366 |
| Other | Additional award of £732.48 for failure to issue a statement of employment particulars, made pursuant to s.38 Employment Act 2002. | Upheld | — | £732 |
Remedy
Monetary award- Total award
- £2,408
- across all upheld claims
Legal tests applied
1 reference- 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
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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