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4107046/2023

McCurrach UK Ltd

9 February 2024Scotland
GOV.UK

Claim Types

Cited Laws and Legal Issues

Employment Rights Act 1996 section 13Employment Rights Act 1996

t issue for determination was whether there had been an unauthorised deduction from wages. I had regard to the terms of section 13 of

Decision Text

EMPLOYMENT TRIBUNALS (SCOTLAND) Case No: 4107046/2023 5 Held via Cloud Video Platform (CVP) in Glasgow on 8 February 2024 Employment Judge L Wiseman Ms Anne Symons Claimant In Person 10 McCurrach UK Ltd Respondent Represented by: Mr G Hine - 15 Solicitor JUDGMENT OF THE EMPLOYMENT TRIBUNAL The tribunal decided to dismiss the claim. REASONS 1. The claimant brought a claim in respect of the payment of a bonus. 20 2. The respondent had made an application for strike out. The parties were advised that this would be determined at the start of the hearing. Mr Hine confirmed the application was no longer insisted upon in circumstances where the parties were present and ready to proceed, and it was unlikely any time would be saved by hearing the application for strike out. 25 3. The Employment Judge agreed with Mr Hine’s position and confirmed the hearing would proceed. 4. The tribunal heard evidence from the claimant and was also referred to a number of jointly produced documents. The tribunal, based on the evidence before it, made the following findings of fact. 30 Findings of fact 4107046/2023 Page 2 5. The claimant commenced employment with the respondent on 5 September 2022. 6. The letter of offer of employment (page 39) sent to the claimant on 29 July 2022, made reference to a discretionary bonus scheme. 7. The respondent, in April 2023, introduced a change to the bonus scheme 5 when it included a clause that in order to receive a bonus the employee must still be employed at the time the bonus is paid. 8. The respondent emailed staff asking them to read the bonus confirmation (concerning this change) and reply to...

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Employer

Respondent

McCurrach UK Ltd

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Case Details

Case Number
4107046/2023
Decision Date
09/02/2024
Published
27/02/2024
Jurisdiction
Scotland