8002213/2024
Ms S D Duca v The Nail and Beauty Zone Ltd
- Decision date
- 13 Mar 2025
- Published
- 4 Apr 2025
- Country
- Scotland
- Source
- GOV.UK ↗
Unlawful Deduction from Wages
Judgment · 12 pages · 43 indexed sections
View PDF ↗
EMPLOYMENT TRIBUNALS (SCOTLAND) Case No: 8002213/2024 5 Held in Glasgow on 26 February 2025 Deliberations on 28 February 2025 Employment Judge D Hoey 10 Ms S Di Duca Claimant In Person 15 The Nail and Beauty Zone Ltd Respondent Represented by: Mr M Lumsden - Director
JUDGMENT OF THE EMPLOYMENT TRIBUNAL 20 The respondent had not made an unlawful deduction from the claimant’s wage pursuant to section 23 of the Employment Rights Act 1996 and the claimant’s claim is ill founded and it is dismissed.
REASONS
1. This was a claim for unlawful deduction of wages. The claimant’s case was 25 that the respondent was contractually due to provide her with a fixed number of shifts each week and the failure to provide her with the shifts to which she was guaranteed meant she had been underpaid. At the Hearing the claimant confirmed that her claim was related only to one week when she claimed she had not been...
2. The Hearing began by a reminder of the overriding objective and the need for 35 both parties to work together to assist the Tribunal in ensuring that everything 8002213/2024 Page 2 that was done was fair and just with due regard to cost and proportionality. A discussion took place as to how evidence was taken and while some evidence was agreed there were a number of disputes, the key one bei...
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