Case 8000694/2024 · Employment Tribunal
EMPLOYMENT TRIBUNALS (SCOTLAND) Case No: 8000694/2024 Mr D Biasetti v Mas Tucan Ltd — 2024
- Case reference
- 8000694/2024
- Decision date
- 18 July 2024
- Jurisdiction
- Scotland
- Judge
- Employment Judge J Hendry Date
Parties
2 namedClaimant
EMPLOYMENT TRIBUNALS (SCOTLAND) Case No: 8000694/2024 Mr D Biasetti
Respondent
Key findings
Tribunal's reasoningNo response was presented, so the employment judge issued a rule 21 judgment on the available material. The tribunal found that the respondent had failed to pay the claimant's holiday entitlement and ordered payment of £871.20, calculated on the basis of 72.6 hours at £12 per hour.
The tribunal also found that the respondent had failed to comply with its duty to provide a statement of initial employment particulars and written pay statement. Under s38 of the Employment Act 2002, it awarded one week's pay, calculated as £524.77 from £2,274 x 12 ÷ 52, and recorded that there was no information before it to suggest that a higher award would be just and equitable. The respondent was also given liberty to make statutory deductions for income tax and employee National Insurance contributions if required by law.
Claims and outcomes
2 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Holiday pay | The respondent failed to pay the claimant's holiday entitlement. The tribunal ordered payment of £871.20, calculated on the basis of 72.6 hours at £12 per hour. | Upheld | — | £871 |
| Other | The respondent failed to comply with its duty to provide a statement of initial employment particulars and written pay statement. The tribunal made an award under s38 of the Employment Act 2002 of one week's pay, and noted it had no information suggesting it would be just and equitable to award the higher amount provided for in s38. | Upheld | — | £525 |
Remedy
Monetary award- Total award
- £1,396
- across all upheld claims
Legal tests applied
2 references- Rule 21 of the Employment Tribunal Rules of Procedure 2013
- s38 of the 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
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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