Silverline Care

Case Summary

The claimant's complaints of unfair dismissal and unauthorised deduction of wages succeeded following the respondent's failure to respond to the claim within the required timeframe. The tribunal determined liability and remedy on the available material without a hearing, awarding the claimant a basic award, compensatory award including past loss of wages, pension loss and loss of statutory rights, plus recovery of the unlawful deduction from final wages.

The respondent failed to enter a response within the required twenty-eight days of the claim being served, and the Employment Judge determined liability and remedy on the available material without a hearing.

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• •unfair dismissal
• •unauthorised deduction from wages

EMPLOYMENT TRIBUNALS (SCOTLAND) Case No: 8000308/2025 Employment Judge: F Eccles Ms Sheree McMillan Claimant Silverline Care Respondent JUDGMENT Rule 22 of the Employment Tribunal Procedure Rules 2024 The judgment of the Employment Tribunal is that the claimant`s complaints of (a) unfair dismissal and (b) an unauthorised deduction of wages succeed and that the respondent shall pay to the claimant: (a) In respect of the claimant`s complaint of unfair dismissal the respondent shall pay to the claimant a basic award in the sum of £3,480.00 (6 weeks x £580.00 per week) and a compensatory award of £4,686.80. (b) In respect of the claimant`s complaint of an unauthorised deduction from wages the respondent shall pay to the claimant the sum of £555.68. REASONS 1. A copy of the claim form setting out the claimant`s complaints was sent to the respondent on 07 February 2025. 2. In accordance with the terms of rule 17 of the Employment Tribunal Procedure Rules 2024, the respondent was required to enter a response within twenty-eight days of the date on which a copy of the claim was sent to it but failed to do so. 3. The Employment Judge decided that on the available material a determination could properly be made without a hearing as to the liability of the respondent for the claim. 4. On the basis of the available material the Employment Judge decided she could properly determine remedy as follows:- (a) In respect of the claimant`s complaint of unfair dismissal the respondent shall pay to the claimant a basic award in the sum of £3,480.00 (6 weeks x £580.00 per week) and a compensatory award of £4,686.80 calculated as: past loss of wages of £3,282.00 (1 week x £474.00 per week plus 52 weeks x £54.00 per week); pension loss of £904.80 (52 weeks x £17.40 per week); and loss of statutory rights of £500.00 (b) In respect of the claimant`s complaint of an u…