Case 4111750/2018 · Employment Tribunal
Mrs I McDonald v Hamishes Hoose — 2018
- Case reference
- 4111750/2018
- Decision date
- 17 August 2018
- Jurisdiction
- Scotland
- Judge
- Employment Judge Mary Kearns
Parties
2 namedClaimant
Mrs I McDonald
Respondent
Key findings
Tribunal's reasoningMrs I McDonald was employed by Hamishes Hoose as a kitchen hand from 16 January to 30 April 2018. She presented her tribunal application on 5 July 2018 seeking notice pay, holiday pay and arrears of pay. The respondent did not lodge a response, so judgment was issued by default under Rule 21 of the Employment Tribunal Rules of Procedure 2013.
The tribunal upheld the claim for unauthorised deduction from wages. It accepted that the arrears claim totalled £223.32, relating to unpaid wages for 5 hours on 15 April 2018, 19.5 hours for the week commencing 16 April 2018, and 4 hours on 30 April 2018, at an hourly rate of £7.83. That figure was rounded to £223 for the award.
The tribunal also upheld the breach of contract claim in respect of notice, finding the claimant was entitled to one week’s notice and awarding £141. It upheld the holiday pay claim as well, calculating accrued holiday entitlement on the basis of 3.5 months' work, an average of 18 hours per week, and average weekly pay of £140.94. Applying 5.6 weeks' annual entitlement and pro-rating for the period worked produced £242.85, rounded to £243.
The judgment recorded that other sums mentioned in the claimant’s email of 22 July 2018 were not within the tribunal’s jurisdiction. The hearing listed for 26 September 2018 was cancelled. The total award made was £607.
Claims and outcomes
3 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Unlawful deduction from wages | The tribunal accepted the claim for arrears of pay and calculated the unpaid wages at £223.32, rounded to £223. | Upheld | — | £223 |
| Breach of contract | The tribunal found the claimant was dismissed in breach of contract in respect of notice and awarded one week's notice pay, rounded to £141. | Upheld | — | £141 |
| Holiday pay | The tribunal found the claimant had accrued holiday entitlement for the period worked and awarded £242.85, rounded to £243. | Upheld | — | £243 |
Remedy
Monetary award- Total award
- £607
- across all upheld claims
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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