Case 4107428/2020 · Employment Tribunal
ETZ 4(WR) EMPLOYMENT TRIBUNALS (SCOTLAND) Case Nos: 4107428/2020 and 4107422/2020 Hearing at Edinburgh on November 2021 Employment Judge: M A Macleod Ms Kim Ward v Represented by Mr J Simpson Director Sharon and Brian Munro and 1 other — 2021
- Case reference
- 4107428/2020
- Decision date
- 16 November 2021
- Jurisdiction
- Scotland
- Judge
- Employment Judge Murdo Macleod
Parties
3 namedClaimant
ETZ 4(WR) EMPLOYMENT TRIBUNALS (SCOTLAND) Case Nos: 4107428/2020 and 4107422/2020 Hearing at Edinburgh on November 2021 Employment Judge: M A Macleod Ms Kim Ward
Key findings
Tribunal's reasoningThe hearing took place in Edinburgh on 16 November 2021 before Employment Judge M A Macleod. The first claimant, Ms Ward, had claimed unfair dismissal and unlawful deductions from wages. The second claimant, Ms Lessels, had claimed unlawful deductions from wages. The first respondent attended in person, and the second respondents attended remotely. Neither claimant attended the hearing.
The tribunal was told that Ms Ward had emailed the tribunal on 8 November 2021 saying that she had withdrawn her claim, but the email had not initially been linked to the file because it did not include the case number. After checking, the clerk confirmed that the withdrawal email had been received. The tribunal therefore dismissed Ms Ward's claim following withdrawal.
Ms Lessels did not attend the hearing, could not be contacted on the day, and did not notify the tribunal that she wished to postpone or withdraw her claim. In those circumstances, and noting that the respondents were present and prepared to defend the claims, the tribunal considered it to be in the interests of justice to dismiss Ms Lessels' claim under Rule 47 of the Employment Tribunals Rules of Procedure 2013. No monetary award was made.
Claims and outcomes
3 findings recordedThis case has mixed outcomes under at least one legal claim type. A tribunal can uphold some allegations and dismiss others under the same legal head, so rows below may represent separate issues or allegation groups from the judgment.
| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Unfair dismissal | Part of Ms Ward's claim, which she withdrew before the hearing. | Withdrawn | — | — |
| Unlawful deduction from wages | Part of Ms Ward's claim, which she withdrew before the hearing. | Withdrawn | — | — |
| Unlawful deduction from wages | Ms Lessels' wages claim was dismissed under Rule 47 after she did not attend the merits hearing. | Dismissed | — | — |
Legal tests applied
1 reference- Rule 47 Employment Tribunals Rules of Procedure 2013
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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