ScotRail Trains Ltd

Case Summary

The claimant, Mr W Johnston, pursued claims for discrimination and unlawful deduction of wages against ScotRail Trains Ltd. The tribunal dismissed the discrimination claims but found in favor of the claimant on the unlawful deduction of wages claim, as he was paid 17.5 hours per week instead of the contracted 18 hours.

The discrimination claims were dismissed on their merits following a full hearing, while the unlawful deduction of wages claim succeeded because the claimant was paid for fewer hours than contracted.

• •unlawful deduction of wages

EMPLOYMENT TRIBUNALS (SCOTLAND) Case No:8000469/2024 5 Held in Glasgow on 14, 15 and 16 October 2024 Employment Judge S MacLean Tribunal Members J Lindsay and D McFarlane Mr W Johnston Claimant10 In Person ScotRail Trains LimitedRespondent15 Represented by: Ms L Usher - Solicitor JUDGMENT OF THE EMPLOYMENT TRIBUNAL20 The judgment of the Employment Tribunal is that (1) under rule 52 of schedule 1 to the Employment Tribunals (Constitution and Rules of Procedure) Regulations 2013, the claims under sections 13 and 19 of the Equality Act 2010 are dismissed; and (2) the claim under section 13 of the Employment Rights Act 1996 is dismissed. REASONS25 Introduction 1. In the claim form sent to the Tribunal on 14 April 2024, the claimant complains that he had been discriminated against on the grounds of sex and that he had been unlawfully deprived of pay. The respondent submitted a response in which the claims are resisted claim.30 2. The claims were clarified at a case management preliminary hearing on 12 June 2024. It was noted that from the claimant’s agenda, he also complains that he had been discriminated against on the grounds of age. The claimant confirmed that he was not seeking to advance a claim that he was subjected 8000469/2024Page2 to less favourable treatment on the grounds of being a part-time worker. Ms Usher, who represented the respondent, accepted that these were the claims which the respondent understood were being made and of which they had notice. It was confirmed that the respondent continued to defend the claims. 3. At the final hearing, the claimant gave evidence on his own account. For the5 respondent, the Tribunal heard evidence from William Black, head of employee relations, and Marion Graham, HR business partner. The parties prepared a joint file of documents to which witnesses were referred. 4. Ms Usher prepared written submissions on which s…