Case 4123235/2018 · Employment Tribunal
ETZ 4(WR) EMPLOYMENT TRIBUNALS (SCOTLAND) Case No: 4123235/2018 Craig Cunningham v McTears Contracts Ltd — 2019
- Case reference
- 4123235/2018
- Decision date
- 8 February 2019
- Jurisdiction
- Scotland
- Judge
- Employment Judge Michelle Sutherland
Parties
2 namedClaimant
ETZ 4(WR) EMPLOYMENT TRIBUNALS (SCOTLAND) Case No: 4123235/2018 Craig Cunningham
Respondent
Key findings
Tribunal's reasoningThe claimant, Craig Cunningham, presented complaints of unlawful deduction from wages and holiday pay against McTears Contracts Ltd. The respondent did not submit a response or enter an appearance. The tribunal asked the claimant to specify the sums sought and how they were calculated, but no response was received.
A final hearing was listed for 6 February 2019. The claimant did not attend, was not represented, and did not seek a postponement. The tribunal clerk made unsuccessful attempts to contact him to find out his intentions. In light of those circumstances, the tribunal concluded that the claimant was no longer pursuing the claim and dismissed both claims under Rule 47 of the Employment Tribunals Rules of Procedure 2013.
The judgment also noted that if there was good cause for the claimant's failure to attend or to seek a postponement, he could apply for reconsideration under Rule 70 within 14 days of the judgment being issued to the parties.
Claims and outcomes
2 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Unlawful deduction from wages | Dismissed under Rule 47 for failure to attend the final hearing; the claimant had also been asked to specify the sums sought and how they were calculated, but no response was provided. | Dismissed | — | — |
| Holiday pay | Dismissed under Rule 47 for failure to attend the final hearing; the claimant had also been asked to specify the sums sought and how they were calculated, but no response was provided. | Dismissed | — | — |
Legal tests applied
3 references- Rule 47
- Rule 70
- Employment Tribunals Rules of Procedure 2013
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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