Mr D McCann v Redpath Construction Ltd: 4104997/2022
| Jurisdiction | England & Wales |
| Judgment Date | 08 August 2023 |
| Date | 08 August 2023 |
| Citation | 4104997/2022 |
| Court | Employment Tribunal |
| Published date | 22 March 2023 |
| Subject Matter | Breach of Contract |
EMPLOYMENT TRIBUNALS (SCOTLAND)
Case Number: 4104997/2022
Held in Glasgow on 22 November and 16 December 2022
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Employment Judge P McMahon
Mr. D McCann Claimant
In Person
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Redpath Construction Limited Respondent
Represented by:
Mr. A Sloan
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(Director)
JUDGEMENT OF THE EMPLOYMENT TRIBUNAL
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The judgment of the tribunal is that:-
(i) The respondent made a series of unlawful deductions from the claimant’s
wages in July 2022 (of the gross sum of £1,600 (ONE THOUSAND SIX
HUNDRED POUNDS)) and August 2022 (of the gross sum of £1,706
(ONE THOUSAND SEVEN HUNDRED AND SIX POUNDS)) contrary to
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section 13(1) of the Employment Rights Act 1996 (the “ERA”).
(ii) The respondent is ordered to pay the claimant the gross sum of £3,306
(THREE THOUSAND THREE HUNDRED AND SIX POUNDS) in
accordance with section 24(1) of the ERA.
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(iii) The respondent shall be at liberty to deduct from the above sums 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 that amount made to the claimant,
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provided that if it does so, the respondent shall duly remit such sums so
4104997/2022 Page 2
deducted to His Majesty’s Revenue and Customs (HMRC), and provide
to the claimant written evidence of that fact, the 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.
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(iv) The Tribunal does not have jurisdiction to consider the claimant’s claim
for breach of contract under the Employment Tribunals Extension of
Jurisdiction (Scotland) Order 1994, Art.3.
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REASONS
Introduction
1. This case was heard on 22 November and 16 December 2022.
2. The claimant represented himself and the respondent was represented by Mr.
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Alistair Sloan in his capacity as a director of the respondent.
3. The claimant’s claim consisted of:
3.1. A claim for unlawful deduction from wages under Section 13 of the ERA
in respect of non-payment of the second and third instalments of the
“Non-retained Bonus” (hereinafter defined).
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3.2. A claim for breach of contract under the Employment Tribunals
Extension of Jurisdiction (Scotland) Order 1994, Art.3 in respect of the
“Retention Bonus” (hereinafter defined).
4. The respondent resisted both claims.
5. A Joint Bundle was provided (containing documents numbered 1 to 15). The
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claimant also submitted an additional bundle (containing documents
numbered 16 to 18) and the respondent submitted an additional bundle
(containing document numbered 19). Not all documents were referred to in
evidence.
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