Case 4111959/2021 · Employment Tribunal
EMPLOYMENT TRIBUNALS (SCOTLAND) Case No: 4111959/2021 Open Preliminary Hearing Held by CVP on March 2022 Employment Judge - A Strain Ms C Silkowski Sanctuary Personnel Ltd Liquid Friday Limited v Represented by: Mr A McKenzie, Partner and 1 other — 2022
- Case reference
- 4111959/2021
- Decision date
- 4 April 2022
- Jurisdiction
- Scotland
- Judge
- Employment Judge S Walker
Parties
3 namedClaimant
EMPLOYMENT TRIBUNALS (SCOTLAND) Case No: 4111959/2021 Open Preliminary Hearing Held by CVP on March 2022 Employment Judge - A Strain Ms C Silkowski Sanctuary Personnel Ltd Liquid Friday Limited
Key findings
Tribunal's reasoningThe claimant brought claims arising from tax, national insurance, rent deductions, and alleged losses linked to expenses and allowances. The claims concerned work with the second respondent in Guernsey from 29 May 2019 to 29 September 2019, and deductions made by the first respondent during the period 1 March 2020 to 4 April 2020.
The tribunal rejected the second respondent's res judicata argument. It found that earlier proceedings had concerned section 13 Employment Rights Act 1996 unlawful deduction claims, while the present claim was framed as breach of contract with allegations of misrepresentation. The first respondent had not been a party to the earlier proceedings, and some of the claimed losses had not featured there.
The tribunal dismissed the claim because it was presented on 14 October 2021, well outside the applicable three-month time limit. It found there was no suggestion that it had not been reasonably practicable to present the claim in time, and noted that the claimant had presented other tribunal claims and an EAT appeal during the relevant period.
Claims and outcomes
2 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Breach of contract | The tribunal found the breach of contract claims were not res judicata, but dismissed the claim because it was presented outside the three-month time limit and it had been reasonably practicable to present it in time. | Dismissed | — | — |
| Other | The claimant also asserted misrepresentation. The judgment did not separately analyse a distinct misrepresentation claim; it was treated within the current claim for damages and dismissed on time-limit grounds. | Dismissed | — | — |
Legal tests applied
6 references- Article 7 of the Extension of Jurisdiction (Scotland) Order 1994
- reasonably practicable test
- res judicata five cumulative conditions
- what was litigated and what was decided
- Lowri Beck Services Ltd v Brophy
- Imrie v Right Track Scotland Limited
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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