Case 4120219/2018 · Employment Tribunal
(sitting alone) Miss S Kerr v Represented by: Mrs M Stewart - Colleague Clootie Dumpling Ltd t/a Taste — 2019
- Case reference
- 4120219/2018
- Decision date
- 14 January 2019
- Jurisdiction
- Scotland
- Judge
- Employment Judge Susan Walker
- Venue
- Glasgow
Parties
2 namedClaimant
(sitting alone) Miss S Kerr
Key findings
Tribunal's reasoningThe tribunal, sitting alone in Glasgow before Employment Judge Susan Walker, upheld the claimant Miss S Kerr's claim for a redundancy payment and ordered the respondent, Clootie Dumpling Ltd t/a Taste, to pay £1,260. The judgment records that there was no response from the respondent.
The tribunal also upheld the claimant's notice pay claim, treated as a claim for breach of contract. Although it had been presented after the expiry of the applicable three month statutory time limit, the tribunal was satisfied that it was not reasonably practicable for the claim to be presented in time and that it was then presented within a reasonable period. Damages for breach of contract were awarded at £840.
The holiday pay claim was treated as a claim for unauthorised deduction from wages. The tribunal reached the same limitation finding on that claim, namely that it was not reasonably practicable to present it within the three month time limit and that it was subsequently presented within a reasonable period. The tribunal therefore upheld the claim and ordered payment of £660 for the unauthorised deduction. The total award recorded by the judgment was £2,760.
Claims and outcomes
3 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Redundancy | Recorded from the judgment. | Upheld | — | £1,260 |
| Breach of contract | Notice pay was presented after the 3 month statutory time limit, but the tribunal held it was not reasonably practicable to present it in time and that it was then presented within a reasonable period. | Upheld | — | £840 |
| Unlawful deduction from wages | Holiday pay was presented after the 3 month statutory time limit, but the tribunal held it was not reasonably practicable to present it in time and that it was then presented within a reasonable period. | Upheld | — | £660 |
Remedy
Monetary award- Total award
- £2,760
- 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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