Case 4118422/2018 · Employment Tribunal
(sitting alone) Lorne Lawson v Lisa McCabe t/a Stardust Doggy Care — 2019
- Case reference
- 4118422/2018
- Decision date
- 12 February 2019
- Jurisdiction
- Scotland
- Judge
- Employment Judge Michelle Sutherland
- Venue
- Glasgow
Parties
2 namedClaimant
(sitting alone) Lorne Lawson
Respondent
Key findings
Tribunal's reasoningThe tribunal heard the case on agreed facts and no oral evidence. It found that Lorne Lawson was employed by Lisa McCabe t/a Stardust Doggy Care from 1 September 2016 until 30 June 2018 as a dog walker, paid £7.83 per hour for 35 hours per week, and paid one month in arrears. The respondent gave one month’s notice of termination.
The tribunal found that wages due on 1 June 2018 and 1 July 2018, each in the sum of £1,187.55 gross, were not paid. It also found that at termination the claimant had 9 days of accrued but unused holiday, generating £493.29 gross payable on 1 July 2018, which was also unpaid. Relying on section 13 ERA 1996 and the Working Time Regulations 1998, the tribunal held that holiday pay is part of wages for these purposes.
The tribunal concluded there was no written agreement or prior written consent authorising the deductions, so the non-payment amounted to unauthorised deductions from wages. It therefore held the complaints of unauthorised deduction from wages and failure to pay holiday pay were well founded.
The tribunal ordered the respondent to pay £2,868.39 gross, with tax and national insurance to be deducted and remitted to HMRC.
Claims and outcomes
2 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Unlawful deduction from wages | The tribunal held that unpaid wages due on 1 June 2018 and 1 July 2018, together with holiday pay for 9 days accrued but unused at termination, were unauthorised deductions. It found there was no written agreement or consent authorising the deductions. | Upheld | — | — |
| Holiday pay | The tribunal found the respondent had failed to pay holiday pay for 9 days accrued but unused at the end of employment. That amount was included in the overall award rather than split out separately. | Upheld | — | — |
Remedy
Monetary award- Total award
- £2,868
- across all upheld claims
Legal tests applied
5 references- s.13 ERA 1996
- s.23 ERA 1996
- s.27 ERA 1996
- s.230 ERA 1996
- Working Time Regulations 1998 ss.13 and 13A
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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