Case 4108823/2021 · Employment Tribunal
member K Pirie Tribunal member J Copland Ms W Moffat v Represented by: In person Arnold Clark Automobiles Limited — 2021
- Case reference
- 4108823/2021
- Decision date
- 8 September 2021
- Jurisdiction
- Scotland
- Judge
- Employment Judge D Hoey Tribunal
- Panel members
- K Pirie, J Copland
Parties
2 namedClaimant
member K Pirie Tribunal member J Copland Ms W Moffat
Key findings
Tribunal's reasoningThe tribunal heard the case remotely on 30 and 31 August and 1, 2 and 3 September 2021. It held that the claimant's unfair dismissal claim was not well founded because she had not been dismissed.
It also held that the claimant's direct discrimination, harassment and victimisation claims under sections 13, 26 and 27 of the Equality Act 2010 were not well founded, and that the unlawful deduction of wages claim under section 13 of the Employment Rights Act 1996 was not well founded. Each claim was dismissed and no monetary remedy was awarded.
Claims and outcomes
5 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Unfair dismissal | The tribunal held that the claimant had not been dismissed. | Dismissed | — | — |
| Sex discrimination | The judgment states a claim of direct discrimination under section 13 of the Equality Act 2010; the protected characteristic is not named in the extracted text and is classified as sex from the case listing. | Dismissed | Sex | — |
| Harassment | The judgment dismisses an unlawful harassment claim under section 26 of the Equality Act 2010; the protected characteristic is not repeated in the extracted text and is treated as sex from the case listing. | Dismissed | Sex | — |
| Victimisation | The judgment dismisses a victimisation claim under section 27 of the Equality Act 2010; the protected characteristic is not repeated in the extracted text and is treated as sex from the case listing. | Dismissed | Sex | — |
| Unlawful deduction from wages | The tribunal found the unlawful deduction of wages claim under section 13 of the Employment Rights Act 1996 was not well founded. | Dismissed | — | — |
Legal tests applied
4 references- s.13 Equality Act 2010
- s.26 Equality Act 2010
- s.27 Equality Act 2010
- s.13 Employment Rights Act 1996
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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