Case 4109851/2021 · Employment Tribunal
Mr David Hughes v The Space Broker Ltd — 2021
- Case reference
- 4109851/2021
- Decision date
- 24 August 2021
- Jurisdiction
- Scotland
- Judge
- Employment Judge B Beyzade
- Venue
- Glasgow
Parties
2 namedClaimant
Mr David Hughes
Respondent
Key findings
Tribunal's reasoningThe Tribunal upheld Mr David Hughes's complaint of unauthorised deduction from wages in respect of unpaid wages due in March 2020 and in July and August 2020. It ordered The Space Broker Ltd to pay £597.03, subject to tax and national insurance deductions if the respondent intimated any such deductions in writing and remitted them to HMRC.
It also upheld the separate complaint of unauthorised deduction from wages in respect of holiday pay between 1 April 2020 and 31 December 2020. The Tribunal ordered payment of £455.16 on the same gross basis, again subject to any required tax and national insurance deductions being intimated and accounted for.
The claimant's notice pay claim did not succeed and was dismissed. The Tribunal noted that oral reasons were given at the hearing.
On jurisdiction, the Tribunal found that the unlawful deduction claims had been presented outwith the time limit in s.23(2) of the Employment Rights Act 1996, but it was satisfied that it was not reasonably practicable for the claimant to present them within the relevant period and that they were brought within a further period it considered reasonable. On that basis, it held that it had jurisdiction to hear the claims.
Claims and outcomes
3 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Unlawful deduction from wages | The Tribunal held this claim was presented outwith the time limit in s.23(2) ERA 1996, but accepted that it was not reasonably practicable to present it in time and that it was brought within a reasonable further period. The award was ordered gross, subject to any required tax and national insurance deductions if intimated in writing. | Upheld | — | £597 |
| Holiday pay | The Tribunal held this claim was presented outwith the time limit in s.23(2) ERA 1996, but accepted that it was not reasonably practicable to present it in time and that it was brought within a reasonable further period. The award was ordered gross, subject to any required tax and national insurance deductions if intimated in writing. | Upheld | — | £455 |
| Breach of contract | The claimant's claim in respect of notice pay was dismissed. | Dismissed | — | — |
Remedy
Monetary award- Total award
- £1,052
- across all upheld claims
Legal tests applied
3 references- s.23(2) Employment Rights Act 1996
- not reasonably practicable
- reasonable further period
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.
Named in this case and want it removed? Submit a takedown request. The page will be withdrawn on receipt and the editor will follow up within five working days.