Case 8000064/2023 · Employment Tribunal
Ms M Mccormick v North Lanarkshire Women’s Aid Limited — 2023
- Case reference
- 8000064/2023
- Decision date
- 15 August 2023
- Jurisdiction
- Scotland
- Judge
- Employment Judge Sangster
Parties
2 namedClaimant
Ms M Mccormick
Respondent
Key findings
Tribunal's reasoningThe claimant had been employed by North Lanarkshire Women's Aid Limited since August 1989 and was latterly Manager. The tribunal recorded that the contract linked salary to a standard pay scale, provided for time off in lieu rather than overtime pay, and set holiday entitlement at 2.5 days per month plus 13 public holidays. The claimant presented her claim on 17 February 2023 and her employment later ended on 21 June 2023.
On the holiday payment authorised in October 2021, the tribunal found that AM had authorised payment of £3,146 in respect of 2020 holiday entitlement, but the claimant did not instruct payment to herself. The tribunal held that any unlawful deductions complaint about that sum should have been presented by 29 January 2022. Because it was not presented until 17 February 2023, and there was no evidence that earlier presentation was not reasonably practicable, the claim was dismissed as out of time.
On the pay-scale claim, the tribunal found that staff had raised in January 2020 that they had not received cost-of-living increases in line with the NJC pay scales. The respondent later increased the claimant's salary to £44,624 in December 2022 and made back-pay payments of £2,486.86 and £2,245.82, but the tribunal held that any unlawful deductions complaint concerning deductions ending on 30 March 2022 should have been brought by 29 June 2022. As the claim was not presented until 17 February 2023, that complaint was also dismissed as out of time.
The tribunal dismissed the legal fees complaint because legal fees do not fall within the definition of wages and the claimant had shown no contractual or legal entitlement to reimbursement. It also rejected the claim for payment in lieu of accrued but untaken holiday under both section 13 ERA and the Working Time Regulations. The claimant's further and better particulars put that claim at £14,207.36 for 77 days' leave accrued from 2020 to 2023, but the tribunal held there was no contractual right to payment in lieu and no WTR right to such a payment before termination. The judgment therefore dismissed all complaints and made no award.
Claims and outcomes
5 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Unlawful deduction from wages | Complaint that the respondent failed to pay the £3,146 authorised on 17 October 2021 in respect of 2020 holiday entitlement. Dismissed because the complaint was presented out of time and the claimant did not show it was not reasonably practicable to present it earlier. | Dismissed | — | — |
| Unlawful deduction from wages | Complaint that the claimant was entitled to payment for accrued but untaken holidays, pleaded in further and better particulars as £14,207.36 for 77 days' leave from 2020 to 2023. Dismissed because there was no contractual or legal entitlement to payment in lieu before termination. | Dismissed | — | — |
| Unlawful deduction from wages | Complaint that the respondent failed to apply contractual/NJC cost-of-living increases up to 31 March 2022. Dismissed as out of time under the statutory time limit for unlawful deductions claims. | Dismissed | — | — |
| Unlawful deduction from wages | Complaint that the respondent should reimburse legal fees incurred in connection with the grievance. Dismissed because legal fees are not wages and the claimant showed no contractual or legal entitlement to reimbursement. | Dismissed | — | — |
| Holiday pay | Alternative claim under the Working Time Regulations 1998 for payment in lieu of accrued but untaken annual leave. Dismissed because regulation 13(9)(b) only permits payment in lieu on termination, and the claimant's employment had not terminated when the claim was lodged. |
Legal tests applied
8 references- s.13 ERA 1996
- s.23 ERA 1996
- s.27 ERA 1996
- New Century Cleaning Co Limited v Church [2000] IRLR 27
- Palmer and Saunders v Southend-on-Sea Borough Council [1984] IRLR 119
- University Hospitals Bristol NHS Foundation Trust v Williams UKEAT/0291/12
- Working Time Regulations 1998 regs 13, 13A and 16
- Working Time Regulations 1998 reg 13(9)(b)
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.
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