Case 4108644/2015 · Employment Tribunal
Mr I Carnevale v Veolia Water Outsourcing Limited — 2021
- Case reference
- 4108644/2015
- Decision date
- 30 April 2021
- Jurisdiction
- Scotland
- Judge
- Employment Judge Robert Gall
Parties
2 namedClaimant
Mr I Carnevale
Respondent
Key findings
Tribunal's reasoningAt a CVP hearing on 14 April 2021, Employment Judge Robert Gall considered the respondents' application to strike out claims under Rule 37(1)(d). The extract records that the claims concerned alleged unlawful deductions by underpayment of holiday pay.
The tribunal granted the strike-out application in relation to the claim brought by Mr Mitchell and struck that claim out. It refused the application in relation to the claims brought by Mr Carnevale and Mr Grant.
For Mr Carnevale and Mr Grant, the tribunal made unless orders requiring each claimant by 22 June 2021 to specify the dates of leave taken since the start of employment, to identify when each alleged underpayment occurred, and to state the amount of each alleged unlawful deduction. If either claimant could not comply with any part of the orders, he was required to explain why and detail the steps taken to try to comply.
The tribunal ordered that any non-compliant claimant's claim would be dismissed on the date of non-compliance without further order. No liability finding or monetary award was made in this judgment.
Claims and outcomes
3 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Other | The tribunal granted the respondents' Rule 37(1)(d) strike-out application in relation to the claim brought by Mr Mitchell. The extract does not specify the underlying legal basis of that claim. | Struck out | — | — |
| Holiday pay | The respondents' strike-out application was refused in relation to Mr Carnevale's claim. The tribunal made unless orders requiring him to specify the dates of leave taken, the timing of each alleged underpayment of holiday pay, and the amount of each alleged unlawful deduction. | Other | — | — |
| Holiday pay | The respondents' strike-out application was refused in relation to Mr Grant's claim. The tribunal made unless orders requiring him to specify the dates of leave taken, the timing of each alleged underpayment of holiday pay, and the amount of each alleged unlawful deduction. | Other | — | — |
Legal tests applied
1 reference- Rule 37(1)(d)
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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