Case 4109873/2021 · Employment Tribunal
Ms D Stewart v Represented by Self Ness Tec Ltd — 2021
- Case reference
- 4109873/2021
- Decision date
- 15 November 2021
- Jurisdiction
- Scotland
- Judge
- Employment Judge B Campbell
Parties
2 namedClaimant
Ms D Stewart
Respondent
Key findings
Tribunal's reasoningMs Stewart brought a complaint of non-payment of arrears of pay under section 13 of the Employment Rights Act 1996. She was a current employee who had been on furlough since late March 2020, was paid monthly, and said she had not been paid for July, August and November 2020 and March 2021. The respondent did not attend the hearing. The tribunal accepted the claimant's evidence and found that she had not received her monthly pay, calculated under the CJRS, for each of those four months, with the relevant deduction date being the last Friday of each month.
The tribunal also considered whether the missed payments formed a series of deductions. Applying Bear Scotland Ltd v Fulton and another, it held that the gap between the November 2020 deduction and the March 2021 deduction was more than three months and therefore broke any series. As a result, earlier deductions could not be remedied in this claim. Only the March 2021 deduction remained within the tribunal's power to award compensation for in this case.
The March 2021 payslip showed net pay of £1,224.79, and that was the sum ordered to be paid to the claimant. The tribunal therefore upheld the unlawful deduction from wages complaint only to that extent, with no separate award made for the earlier unpaid months.
Claims and outcomes
1 finding recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Unlawful deduction from wages | The tribunal found that the claimant did not receive pay for July, August and November 2020 and March 2021, and that each month involved an unlawful deduction from wages. It held that any series of deductions was broken by the gap of more than three months between November 2020 and March 2021, so only the March 2021 deduction could attract a remedy. The award was limited to the net wages due for March 2021, namely £1,224.79. | Upheld | — | £1,225 |
Remedy
Monetary award- Total award
- £1,225
- across all upheld claims
Legal tests applied
3 references- section 13 ERA 1996
- section 23 ERA 1996
- Bear Scotland Ltd v Fulton and another UKEATS/0047/13
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
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