Case 4114124/2019 · Employment Tribunal

(sitting alone) Mrs H Webster v Kirkman Ltd — 2021

Case reference: 4114124/2019
Decision date: 11 February 2021
Jurisdiction: Scotland
Judge: Employment Judge Beyzade Beyzade

Indexed: 22 May 2026

Parties

2 named

Claimant

(sitting alone) Mrs H Webster

Respondent

Kirkman Ltd

Key findings

Tribunal's reasoning

At the CVP hearing on 1 February 2021, the claimant confirmed that she did not want to pursue the unfair dismissal complaint and did not wish to make a notice pay claim. The tribunal recorded the unfair dismissal part of the claim as withdrawn and dismissed it under Rule 52 of the Employment Tribunals Rules of Procedure 2013.

The judgment notes that the original ET1 of 6 December 2019 had included claims for unfair dismissal, non-payment of salary, and non-payment of employer pension contributions, with the salary claim treated as an unlawful deduction of wages claim and the pension contribution complaint treated as a breach of contract claim. After the unfair dismissal claim was withdrawn, the remaining live issues were the alleged non-payment of wages and employer pension contributions for the period 1 September 2019 to 15 November 2019.

The tribunal recorded the agreed issues for the final hearing as including the identity of the claimant's employer during that period, and whether the first and/or second respondent failed to pay wages of £31,500 gross and employer pension contributions of £937.50. Those monetary figures were stated as agreed for the purpose of the issues, but no substantive determination or award on those claims was made in this judgment. The tribunal ordered that the remaining claims stand for the final hearing listed for 4 and 5 March 2021.

Claims and outcomes

1 finding recorded

Claim type	Issue or finding	Outcome	Protected characteristic	Award
Unfair dismissal	The claimant said at the 1 February 2021 hearing that she was happy to confirm she did not want to pursue the unfair dismissal claim. The tribunal recorded that part of the claim as withdrawn and dismissed it under Rule 52 of the Employment Tribunals Rules of Procedure 2013.	Dismissed	—	—

Legal tests applied

3 references

Official outcome judgment PDF

Gov.uk primary record

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Published on gov.uk under the Open Government Licence v3.0.

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