Case 4120659/2018 · Employment Tribunal
ETZ 4(WR) EMPLOYMENT TRIBUNALS (SCOTLAND) Case No: 4120659/2018 Hearing at Edinburgh on March 2019 Employment Judge: M A Macleod (sitting alone) Kloe Burrow v George Thomson — 2019
- Case reference
- 4120659/2018
- Decision date
- 25 March 2019
- Jurisdiction
- Scotland
- Judge
- Employment Judge Murdo
Parties
2 namedClaimant
ETZ 4(WR) EMPLOYMENT TRIBUNALS (SCOTLAND) Case No: 4120659/2018 Hearing at Edinburgh on March 2019 Employment Judge: M A Macleod (sitting alone) Kloe Burrow
Respondent
Key findings
Tribunal's reasoningKloe Burrow presented claims for unfair dismissal, age discrimination, notice pay, holiday pay and unpaid wages. The respondent did not lodge a response and did not attend the hearing on 11 March 2019. The tribunal found that she had started work as a shop assistant on 27 January 2017, was born on 22 June 2000, was paid £6.00 per hour, and did not receive a written statement of terms and conditions.
The tribunal accepted that in her final week she worked 12 hours and 30 minutes, was paid £42 and should have been paid £75, leaving £33 outstanding. It also found that she received no notice pay and was owed £66, and that she was entitled to £69 for holiday accrued in 2018; the claim for 2017 holiday pay was out of time. The judgment records that the claims for notice pay, holiday pay, unpaid wages and age discrimination were undefended and succeeded.
On age discrimination, the tribunal accepted the claimant's evidence that she felt unfairly criticised because of her age and treated differently from older staff. Medical evidence from her GP and the East Lothian Adult Speech & Language Therapy Team showed anxiety linked to issues at work, and the tribunal accepted that this supported an award for injury to feelings. It assessed that award at £900.
The unfair dismissal claim was not pursued because the claimant lacked the necessary qualifying service, so it was dismissed for lack of jurisdiction. The total award ordered against the respondent was £1,068.
Claims and outcomes
5 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Unfair dismissal | The claimant accepted at the hearing that she lacked the qualifying service needed to pursue unfair dismissal, and the claim was dismissed for want of jurisdiction. | Dismissed | — | — |
| Other | Notice pay was awarded at £66 for 11 hours at £6 per hour. The judgment did not assign this head of claim to a more specific taxonomy label. | Upheld | — | £66 |
| Working time regulations | Holiday pay was awarded for accrued but untaken leave in 2018. The tribunal found the 2017 holiday claim was out of time. | Upheld | — | £69 |
| Unlawful deduction from wages | In the final week of employment the claimant worked 12 hours 30 minutes, was paid £42 and should have been paid £75, so £33 was unlawfully deducted from her final salary. | Upheld | — | £33 |
| Age discrimination | The tribunal accepted the claimant's evidence that she was unfairly criticised because of her age and that this contributed to anxiety and related symptoms. It awarded £900 for injury to feelings. | Upheld | Age | £900 |
Remedy
Monetary award- Total award
- £1,068
- 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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