Case 4121425/2018 · Employment Tribunal
Claimant v Hyde n Seek (Pinochios) Ltd — 2019
- Case reference
- 4121425/2018
- Decision date
- 14 November 2019
- Jurisdiction
- Scotland
- Judge
- Employment Judge Rory McPherson
- Venue
- Glasgow
Parties
2 namedClaimant
Claimant
Respondent
Key findings
Tribunal's reasoningAt Glasgow on 12 November 2019, Employment Judge Rory McPherson heard the case of Miss Chloe Gates against Hyde n Seek (Pinochios) Ltd. The respondent did not appear or be represented. The judgment records that oral reasons were given at the hearing and that all of the claimant's pleaded claims succeeded.
The successful claims included unfair dismissal under ss103A, 104(1) and 104A ERA 1996; detriment for making a protected disclosure under s47B ERA 1996, with loss under s49(2) and s149(2) ERA 1996; detriment under s23(1) of the National Minimum Wages Act 1988; failure to pay the minimum wage for a modern apprentice; breach of contract under the Employment Tribunals Extension for Jurisdiction (Scotland) Order 1994; unlawful deduction of wages, including notice pay; failure to provide wages slips; failure to provide a contract of employment; failure to provide rest breaks and working hours for a young person under reg 12 of the Working Time Regulations 1998; holiday pay; and failure to comply with the ACAS code of practice.
The tribunal ordered a compensatory award of £2,839.36 described as covering past wage loss, unlawful deduction of wages and holiday pay, with a 25% uplift, and a further award of £4,600 for injury to feelings. The judgment states that there was no prescribed element, so the sums were payable immediately.
Claims and outcomes
8 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Whistleblowing | Protected disclosure detriment claim under s47B ERA 1996; the judgment also refers to loss under s49(2) and s149(2) ERA 1996. | Upheld | — | — |
| Unfair dismissal | Claim upheld under ss103A, 104(1) and 104A ERA 1996. | Upheld | — | — |
| Other | National Minimum Wages detriment claim under s23(1) of the National Minimum Wages Act 1988 and failure to pay the minimum wage for a modern apprentice under the National Minimum Wage Regulations 2015 and s17 of the National Minimum Wages Act 1988. | Upheld | — | — |
| Breach of contract | Breach of contract claim under the Employment Tribunals Extension for Jurisdiction (Scotland) Order 1994. | Upheld | — | — |
| Unlawful deduction from wages | Past wage loss and unlawful deduction of wages, including notice pay, under ss13 and 23(1) ERA 1996. | Upheld | — | — |
| Other | Failure to provide wages slips under s8 ERA 1996, failure to provide a contract of employment under ss1 to 4 ERA 1996, and failure to comply with the ACAS code of practice under s207 TULRCA 1992. | Upheld | — | — |
| Working time regulations |
Remedy
Monetary award- Total award
- £7,439
- across all upheld claims
- Compensatory award
- £2,839
- compensatory remedy recorded
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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