Case 4111588/2019 · Employment Tribunal
EMPLOYMENT TRIBUNALS (SCOTLAND) Case No: 4111588/2019 Miss B Henderson v Stephen Robertson — 2019
- Case reference
- 4111588/2019
- Decision date
- 19 December 2019
- Jurisdiction
- Scotland
- Judge
- Employment Judge Ian McFatridge
Parties
2 namedClaimant
EMPLOYMENT TRIBUNALS (SCOTLAND) Case No: 4111588/2019 Miss B Henderson
Respondent
Key findings
Tribunal's reasoningThe case was determined under Rule 21 after the respondent failed to lodge a response to the claim form sent on 22 October 2019. The Employment Judge decided that liability could properly be determined on the available material without a hearing.
The claimant’s complaint of unlawful deduction of wages succeeded. The judgment records that the respondent unlawfully withheld wages in the total sum of £1,329.44, and awards that amount to the claimant in respect of wages unlawfully withheld under section 13 of the Employment Rights Act 1996.
The claimant’s redundancy payment claim also succeeded. The tribunal found that she had two full years’ service and was over the age of 41 during both years. On the basis of a weekly gross pay of £131.20, the redundancy payment due was £393.60.
The judgment therefore ordered the respondent to pay the claimant £1,329.44 for unlawful deduction of wages and £393.60 as a redundancy payment, making a total award of £1,723.04.
Claims and outcomes
2 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Unlawful deduction from wages | The judgment found that the respondent unlawfully withheld wages in the total sum of £1,329.44, described as 8 weeks at 124 plus 4 weeks at 131.20 less 305.44 paid. | Upheld | — | £1,329 |
| Redundancy | The tribunal found the claimant had two full years' service and was over age 41 during both years; using a weekly gross pay of £131.20, the redundancy payment was £393.60. | Upheld | — | £394 |
Remedy
Monetary award- Total award
- £1,723
- across all upheld claims
Legal tests applied
3 references- Rule 21 of the Employment Tribunal Rules of Procedure 2013
- Rule 16 of the Employment Tribunals (Constitution and Rules of Procedure) Regulations 2013
- s.13 Employment Rights Act 1996
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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