Case 8001550/2024 · Employment Tribunal
ETZ 4(WR) EMPLOYMENT TRIBUNALS (SCOTLAND) Case No: 8001550/2024 Held on January 2025 by CVP Employment Judge N M Hosie Mr Robert Keogh v Respondent — 2024
- Case reference
- 8001550/2024
- Decision date
- 23 September 2024
- Jurisdiction
- Scotland
Parties
1 namedClaimant
ETZ 4(WR) EMPLOYMENT TRIBUNALS (SCOTLAND) Case No: 8001550/2024 Held on January 2025 by CVP Employment Judge N M Hosie Mr Robert Keogh
Respondent
- —
Key findings
Tribunal's reasoningMr Robert Keogh brought complaints of unpaid wages and accrued holiday pay against Trotter’s Independent Condiments Ltd. He did not attend the final hearing. The tribunal proceeded in his absence after considering his email, and heard evidence from Mr Bryan Trotter, whom the tribunal described as measured, consistent, convincing, credible and reliable.
On the unpaid wages complaint, the issue was an alleged failure to make pension contributions to NEST. Mr Trotter accepted that the business had fallen behind with the payments because of financial difficulties, but said that after Mr Keogh left employment on or about 12 August 2024 he arranged for all outstanding pension payments to be made. The tribunal accepted the bank statement showing a payment of £1,128.14 to NEST on 23 September 2024 and NEST confirmation of payment, and concluded that the complaint was not well founded.
On the holiday pay complaint, Mr Keogh maintained that the respondent had changed the holiday year during his employment. The tribunal accepted the respondent’s contract of employment, which stated that the holiday year ran from 1 April to 31 March, and accepted evidence that the claimant’s final payslip included holiday pay of £216. The tribunal found that accrued holiday pay had been paid in full and dismissed that complaint as well. The judgment therefore dismissed the claim in its entirety and made no monetary award.
Claims and outcomes
2 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Unlawful deduction from wages | The complaint of unpaid wages was treated as an alleged failure to make pension contributions to NEST. The tribunal accepted that contributions had fallen behind because of financial difficulties, but found that the respondent later arranged for all outstanding payments to be made. | Dismissed | — | — |
| Holiday pay | The claimant said the holiday year had been changed during his employment, but the tribunal accepted the contract of employment showing the holiday year ran from 1 April to 31 March and accepted evidence that accrued holiday pay of £216 had been paid in full on the final payslip. | Dismissed | — | — |
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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