Case 4120217/2018 · Employment Tribunal
(sitting alone) Mrs K Graham v Represented by: Mrs M Stewart - Colleague Clootie Dumpling Ltd t/a Taste — 2019
- Case reference
- 4120217/2018
- Decision date
- 7 January 2019
- Jurisdiction
- Scotland
- Judge
- Employment Judge Susan Walker
- Venue
- Glasgow
Parties
2 namedClaimant
(sitting alone) Mrs K Graham
Key findings
Tribunal's reasoningOn 4 January 2019, Employment Judge Susan Walker, sitting alone in Glasgow, dealt with preliminary time-limit issues in this case. The tribunal held that the redundancy payment claim was in time and would proceed.
The notice pay claim, which was brought as a breach of contract claim, and the holiday pay claim, brought as a claim for unauthorised deduction from wages, were found to have been presented after the applicable 3 month statutory time limits. However, the tribunal was satisfied that it was not reasonably practicable for those claims to be presented in time and that they were presented within a reasonable period, so they too were allowed to proceed.
At the hearing, the claimant stated that the amounts being claimed were £1,644.30 for notice pay, £2,466.45 for redundancy payment, and £1,115.77 for the third monetary claim. The judge directed that, unless the respondent objected by 21 January 2019, judgment would be issued under Rule 21 for those amounts without a further hearing. The text provided records only this procedural and time-limit ruling and does not contain a final merits decision or final award.
Claims and outcomes
3 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Redundancy | Preliminary decision that the redundancy payment claim was in time and shall proceed. The text records an amount of £2,466.45 as claimed at the hearing, but no final award is made in this judgment. | Other | — | — |
| Breach of contract | Notice pay was pleaded as a breach of contract claim. The tribunal held that it was presented after the 3 month time limit but that it was not reasonably practicable to present it in time and it was then presented within a reasonable period, so it shall proceed. The text records £1,644.30 as the amount claimed. | Other | — | — |
| Unlawful deduction from wages | Holiday pay was pleaded as a claim for unauthorised deduction from wages. The tribunal held that it was presented after the 3 month time limit but that it was not reasonably practicable to present it in time and it was then presented within a reasonable period, so it shall proceed. The extracted text lists a third claimed figure of £1,115.77, which appears to relate to this claim, but no final award is made in this judgment. | Other | — | — |
Legal tests applied
4 references- not reasonably practicable
- within a reasonable period
- 3 month statutory time limits
- Rule 21
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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