Case 4108938/2021 · Employment Tribunal
Mr N Tavares v Premier Specialist Cleaning Services Ltd — 2021
- Case reference
- 4108938/2021
- Decision date
- 18 November 2021
- Jurisdiction
- Scotland
- Judge
- Employment Judge R Mackay
Parties
2 namedClaimant
Mr N Tavares
Respondent
Key findings
Tribunal's reasoningThe case was heard by CVP on 5 November 2021 before Employment Judge R Mackay, with the respondent not present or represented. The tribunal amended the respondent's address on the record and then determined the claimant's monetary claims and dismissal claims on the papers and oral reasons given at hearing.
The claimant succeeded on three monetary claims. The tribunal found that unpaid overtime was due and awarded £320 gross. It also found that there had been a failure to provide notice of termination of employment and awarded £1,733 gross. A further claim for accrued but untaken holidays succeeded, with an award of £751 gross. In each instance the tribunal stated that the sums were gross and that the respondent was liable to account to HMRC for any income tax and national insurance due.
The unfair dismissal claim was dismissed because the claimant did not have the requisite continuous service to bring such a claim. The purported discrimination claim was also dismissed because the claimant had failed to advance a valid claim under the Equality Act 2010; the judgment does not identify the protected characteristic said to be engaged. The total gross sum awarded to the claimant was £2,804.
Claims and outcomes
5 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Unlawful deduction from wages | Claim in respect of unpaid overtime succeeded; tribunal awarded £320 gross and directed the respondent to account to HMRC for tax and national insurance due on payment. | Upheld | — | £320 |
| Breach of contract | Claim in respect of failure to provide notice of termination of employment succeeded; tribunal awarded £1,733 gross and directed the respondent to account to HMRC for tax and national insurance due on payment. | Upheld | — | £1,733 |
| Holiday pay | Claim in respect of accrued but untaken holidays succeeded; tribunal awarded £751 gross and directed the respondent to account to HMRC for tax and national insurance due on payment. | Upheld | — | £751 |
| Unfair dismissal | Dismissed because the claimant did not have the requisite continuous service to bring an unfair dismissal claim. | Dismissed | — | — |
| Other | Purported discrimination claim dismissed because the claimant failed to advance a valid claim in accordance with the Equality Act 2010; the judgment does not specify the protected characteristic relied on. | Dismissed | — | — |
Remedy
Monetary award- Total award
- £2,804
- across all upheld claims
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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