Case 4123486/2018 · Employment Tribunal
Mr Derek G Caldwell v Dunskey Estate — 2019
- Case reference
- 4123486/2018
- Decision date
- 16 August 2019
- Jurisdiction
- Scotland
- Judge
- Employment Judge Rory McPherson
- Venue
- Glasgow
Parties
2 namedClaimant
Mr Derek G Caldwell
Respondent
Key findings
Tribunal's reasoningThe tribunal heard from Mr Caldwell only, as the respondent did not attend and its late ET3 had been rejected. It found that he worked as Head Chef from 9 July 2018 to 13 August 2018, that the payment for 9 July to 31 July 2018 was incorrect, that he was not paid for 1 August to 13 August 2018, that he was dismissed on 13 August 2018 without notice pay, and that he took no holiday during the employment.
It held that Mr Caldwell was entitled to £854.70 net for unpaid wages as an unlawful deduction, £388.51 net for one week's notice pay under s.86 ERA 1996, and £233.10 for 3 days' accrued holiday pay under reg. 30 of the Working Time Regulations 1998. Those sums totalled £1,476.31, and the tribunal ordered the respondent to pay that amount immediately as damages in breach of contract.
The tribunal also addressed the absence of written terms and itemised pay statements, citing s.1, s.8 and s.11 ERA 1996 and s.38 of the Employment Act 2002. It recorded that there was no compensation for the pay-statement failure and no award under the hearing for written terms because the claimant had not worked for two months by the relevant date.
Claims and outcomes
4 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Unlawful deduction from wages | Unpaid net wages for 11 working days; the tribunal found the part-month payment for 9 July 2018 to 31 July 2018 was incorrect and no wage slip was provided. | Upheld | — | £855 |
| Breach of contract | One week's net notice pay under s.86 ERA 1996. | Upheld | — | £389 |
| Holiday pay | Accrued holiday pay for 3 untaken days under reg. 30 Working Time Regulations 1998. | Upheld | — | £233 |
| Other | The tribunal considered the absence of written terms and itemised pay statements and the s.38 Employment Act 2002 uplift, but made no award because there was no compensation for the pay-statement failure and the claimant had not worked for two months by the relevant date. | Dismissed | — | — |
Remedy
Monetary award- Total award
- £1,476
- across all upheld claims
Legal tests applied
7 references- s.1 ERA 1996
- s.8 ERA 1996
- s.11 ERA 1996
- s.23 ERA 1996
- s.86 ERA 1996
- reg. 30 Working Time Regulations 1998
- s.38 Employment Act 2002
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
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