Case 8000860/2024 · Employment Tribunal
Mr T Hogarth v Edinburgh Construction Ltd — 2024
- Case reference
- 8000860/2024
- Decision date
- 9 September 2024
- Jurisdiction
- Scotland
- Judge
- Employment Judge C McManus
Parties
2 namedClaimant
Mr T Hogarth
Respondent
Key findings
Tribunal's reasoningThe respondent did not lodge an ET3, so the claims proceeded undefended on the claimant's evidence. The tribunal found that Mr T Hogarth was employed as Finance Manager from 23 October 2023 on gross pay of £865 per week, net pay of £620 per week, and that he was contractually entitled to 4 weeks' notice or pay in lieu on termination.
On the factual findings, the tribunal accepted that the last payment was made on 19 February 2024, no further wages were paid for the period to 4 March 2024, and a WhatsApp message from the managing director on 7 March 2024 said outstanding wages would not be paid and no further work would be carried out by the company. It also found that 28 days' holiday had accrued and that £1,900 had been deducted from wages purportedly for pension contributions but not paid into a pension fund.
The tribunal upheld the section 13 ERA 1996 unlawful deductions claim and ordered payment of £6,612 net, made up of £1,240 for unpaid wages, £3,472 for accrued but untaken holiday pay, and £1,900 for the pension-related deductions. The findings section at paragraph 10 calculated holiday pay at £3,360 using a £120 daily rate, but the operative order and paragraph 13 used £3,472, which is the figure reflected in the award.
It also upheld the breach of contract claim for notice and awarded £2,480 net for 4 weeks' notice. The judgment does not record any discrimination or other liability findings.
Claims and outcomes
2 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Unlawful deduction from wages | The section 13 ERA 1996 claim covered unpaid wages, accrued but untaken holiday pay, and deductions purportedly made for pension contributions but not paid into the pension fund. The findings section calculated holiday pay at £3,360 using a £120 daily rate, but the operative order and paragraph 13 award £3,472; I have used the ordered figure. | Upheld | — | £6,612 |
| Breach of contract | The tribunal found the claimant was contractually entitled to 4 weeks' notice or pay in lieu and received no notice. | Upheld | — | £2,480 |
Remedy
Monetary award- Total award
- £9,092
- across all upheld claims
Legal tests applied
3 references- Rule 2 overriding objective
- s.13 ERA 1996
- s.27 ERA 1996
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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