Case 4111381/2021 · Employment Tribunal
Mr S Carson v Represented by Ms C Carson, Lay Representative Ochil View Home Improvements Ltd — 2021
- Case reference
- 4111381/2021
- Decision date
- 2 December 2021
- Jurisdiction
- Scotland
- Judge
- Employment Judge Murphy
Parties
2 namedClaimant
Mr S Carson
Key findings
Tribunal's reasoningMr S Carson brought claims against Ochil View Home Improvements Ltd for a statutory redundancy payment and for unauthorised deductions from wages in respect of accrued untaken holiday pay. The respondent did not enter a response and was not present or represented at the hearing. The tribunal proceeded in the respondent's absence under Rule 47 of the Employment Tribunal Rules 2013.
The tribunal found that the claimant was dismissed on 14 May 2021 by reason of redundancy. On that basis, it held that he was entitled to a statutory redundancy payment and ordered the respondent to pay £1,557.
The holiday pay claim was treated as a claim for unauthorised deduction from wages. The tribunal noted that the last pay from which a deduction was made was paid on 14 May 2021, so the normal time limit expired on 13 August 2021. The claimant did not start ACAS Early Conciliation until 30 August 2021.
The tribunal therefore found the deduction claim was presented out of time. It was not satisfied that it was not reasonably practicable for the claimant to lodge the complaint in time, and it concluded that it had no jurisdiction to hear that complaint. The unauthorised deduction from wages claim was dismissed.
Claims and outcomes
2 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Redundancy | Tribunal found the claimant was dismissed on 14 May 2021 by reason of redundancy and entitled to a statutory redundancy payment of £1,557. | Upheld | — | £1,557 |
| Unlawful deduction from wages | Claim for accrued untaken holiday pay was presented out of time. The tribunal was not satisfied that it was not reasonably practicable to present the complaint in time and held it had no jurisdiction to hear it. | Dismissed | — | — |
Remedy
Monetary award- Total award
- £1,557
- across all upheld claims
Legal tests applied
2 references- Rule 47 of the Employment Tribunal Rules 2013
- reasonably practicable to lodge it in time
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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