Case 4109543/2018 · Employment Tribunal
Mr W Mc Michael v Xel Manufacturing Services Ltd — 2018
- Case reference
- 4109543/2018
- Decision date
- 17 August 2018
- Jurisdiction
- Scotland
- Judge
- Employment Judge Mary Kearns
Parties
2 namedClaimant
Mr W Mc Michael
Respondent
Key findings
Tribunal's reasoningThe claimant presented a claim on 25 June 2018 seeking arrears of pay for two weeks and statutory notice pay. The respondent was required to enter a response within 28 days under Rule 16 but failed to lodge an ET3 response.
Judgment was granted by default under Rule 21. The tribunal found that the respondent had made an unauthorised deduction from wages, that the claimant had been dismissed in breach of contract in respect of notice, that he had been dismissed by reason of redundancy and was entitled to a redundancy payment, and that his holiday entitlement had not been paid.
The sums awarded were £785 for arrears of pay, £4,709 for notice damages, £6,475 for redundancy pay, and £1,962 for holiday pay, with figures rounded to the nearest whole pound.
Claims and outcomes
4 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Unlawful deduction from wages | Judgment states the respondent made an unauthorised deduction from wages, described in the reasons as arrears of pay for two weeks. | Upheld | — | £785 |
| Breach of contract | Judgment states the claimant was dismissed in breach of contract in respect of notice and awards damages for notice pay. | Upheld | — | £4,709 |
| Redundancy | Judgment states the claimant was dismissed by reason of redundancy and was entitled to a redundancy payment; all sums were rounded to the nearest whole pound. | Upheld | — | £6,475 |
| Holiday pay | Judgment states the respondent failed to pay the claimant's holiday entitlement. | Upheld | — | £1,962 |
Remedy
Monetary award- Total award
- £13,931
- across all upheld claims
Legal tests applied
2 references- Rule 21 of the Employment Tribunal Rules of Procedure 2013
- Rule 16 of Schedule 1 to the Employment Tribunals (Constitution and Rules of Procedure) Regulations 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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