Case 8001824/2024 · Employment Tribunal
Mr M McGarty v Represented by: Mr R Quigley - Lay Representative Markon Limited — 2025
- Case reference
- 8001824/2024
- Decision date
- 31 January 2025
- Jurisdiction
- Scotland
- Judge
- Employment Judge E Mannion
- Venue
- Glasgow
Parties
2 namedClaimant
Mr M McGarty
Key findings
Tribunal's reasoningMr M McGarty was employed by Markon Ltd from 8 July 2019 until 31 January 2025. His contract provided for overtime where authorised, with overtime to be claimed on a timesheet and submitted for managerial authorisation. The tribunal heard evidence about the respondent's timesheet process, the claimant's grievance about altered timesheets and alleged unpaid overtime, and the subsequent appeal stages in which the respondent reviewed historic records.
Claims and outcomes
2 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Unlawful deduction from wages | The tribunal found the claimant was paid for all authorised overtime. It accepted the respondent's timesheets as original records, rejected the claimant's notebook as contemporaneous evidence, and found no proved weekly underpayments beyond two possible shortfalls identified on the grievance appeal, for which the respondent paid £69.39. | Dismissed | — | — |
| Breach of contract | The claim concerned alleged breach of the implied term of trust and confidence arising from timesheet amendments made without prior consultation. The tribunal held there was reasonable and proper cause for the amendments and, in any event, no financial loss was proved. | Dismissed | — | — |
Legal tests applied
5 references- s.13 ERA 1996
- New Century Cleaning Co v Church
- implied term of trust and confidence
- Malik v Bank of Credit and Commerce International SA
- RDF Media Group plc and anor v Clements
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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