Ms G Macgregor v 6 Bells Pub Group Ltd: 4103702/2023

EMPLOYMENT TRIBUNALS (SCOTLAND)

Case No 4103702/2023

Venue Edinburgh

Hearing 4 July 2024

Between

Ms G MacgregorClaimant

6 Bells Pub Group LimitedRespondent

Before

Employment Judge M Sangster

Date 8 July 2024

JUDGMENT

[1]The claimant’s claim under section 23 of the Employment Rights Act 1996 (ERA) is successful and the respondent is ordered to pay to the claimant the gross sum of £1,223.60 which was unlawfully deducted from her wages, contrary to s13 ERA, which has been calculated as follows:a. £608 in respect of wages for hours worked in January 2023, which ought to have been paid on 28 February 2023;

b. £190 in respect of wages for hours worked February 2023;

c. £304 in respect of 2 weeks holidays taken in February 2023, in respect of which no payment was made; and

d. £121.60 in respect of a payment in lieu of holiday entitlement, due on the termination of the claimant’s employment.

[2]The claimant’s complaint for wrongful dismissal is successful. The respondent was in breach of contract by dismissing the claimant without 2 weeks’ notice. The respondent is ordered to pay to the claimant the net sum of £304.00, being damages for the breach of contract.

[3]The claimant was dismissed by reason of redundancy. She did not receive a statutory redundancy payment. The respondent is ordered to pay the claimant a statutory redundancy payment in the sum of £456.00.

[4]The claimant’s claim for unfair dismissal is successful. She was unfairly dismissed by reason of redundancy. No compensation is however awarded in relation to this.

[5]The respondent failed to give the claimant a written statement of particulars of employment, as required by s1 ERA.

[6]In consequence of the claimant succeeding in a claim of a kind mentioned in Schedule 5 of the Employment Act 2002 (namely unauthorised deductions from wages, failure to pay statutory redundancy payment and unfair dismissal), and the respondent having failed to issue the claimant a written statement of particulars of employment, the Tribunal awards the claimant two weeks’ pay (capped at £571 per week), that is £304.00, in accordance with s38(3) of the Employment Act 2002.

[7]The respondent shall be at liberty to deduct from the gross sum of which payment is ordered at paragraph 1 above, prior to making payment to the claimant, such amounts of Income Tax and Employee National Insurance Contributions (if any) as it may be required by law to deduct from a payment of earnings of that amount made to the claimant, and if it does so, duly remits such sums so deducted to HM Revenue and Customs, and provides to the claimant written evidence of the fact and amount of such deductions and of the sums deducted having been remitted to HMRC, payment of the balance to the claimant shall satisfy the requirements of this judgment. Oral reasons were given at the hearing, in accordance with rule 62(2) of the Employment Tribunal Rules of Procedure 2013. Written reasons will not be provided, unless a written request for these is made by one of the parties within 14 days of the date this judgment is sent to the parties Employment Judge Sangster