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6009367/2024Dismissed

Morrison Data Services Ltd

29 August 2025ScotlandMichelle Sutherland
GOV.UK

Case Summary

The case involved complaints of unlawful deduction from wages and failure to pay the minimum wage. The tribunal dismissed the complaint regarding unlawful deduction but continued the case for a 1-day hearing on the minimum wage issue.

Key Issues

  • unlawful deduction from wages due to commuting time not counted towards basic hours
  • failure to pay minimum wage

Claim Types

Unlawful Deduction

Decision Text

1 EMPLOYMENT TRIBUNALS (SCOTLAND) Case No:6009367/2024 Held inDundeeon05 August2025 Employment JudgeMichelle Sutherland W MacDonald Claimant Represented by R Milvenan, Solicitor Morrison Data Services LimitedRespondent Represented by S Davis JUDGMENT OF THE EMPLOYMENT TRIBUNAL The judgment of theTribunal is that: 1.the complaint of unlawful deduction from wagesdoes not succeed and is accordingly dismissed. 2.the complaint of failure to pay the minimum wage is continued to a 1 dayhearing to determine liability and remedy. REASONS 1.The claimant lodgedcomplaints of unlawful deduction from wages and failure to pay the minimum wage which were denied by the respondent.In summary thecomplaints pertainto an allegedfailureto countcommuting timetowardshis basic hours(the alleged breach). 2 2.Asplitfinal hearing was listed to determineliability in respect ofthose complaints(a hearing on remedy would be listed subsequently if required). Both parties had the benefit of professional representation. 3.Parties lodged a joint bundle of documents. The claimant gave evidence on his own behalf and calledGary Crabbe(Meter Reader)and Rob Cairns(Regional Performance Manager). The respondent calledMattHardcastle(Managing Director)andPaul Webb(Senior Field Manger)to give evidence. 4.Parties made brief oral and written submissions. Findings of Fact 5.The tribunal makes thefollowing findings in fact- 6.The respondentprovides utility data services.The claimant worksfor the respondentas a water meter reader.Theclaimant has continuing service with the respondent from 30 April 2007 to date. 7.Theclaimantwasemployed by H2O Water Services Limited from30April 2007. Inaround2014Meter U Ltd acquired H2O.InJune 2018 Meter U changed its name to Morrison Data Services (Water) Limited.On 27 July 2022 the claimant was advisedthat his employment wouldtransferto therespondentunder ‘TUPE’,that his terms,conditionsof employment were protected and that there were no changes o...

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Employer

Respondent

Morrison Data Services Ltd

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Employment Details

Industry
utility data services

Case Details

Case Number
6009367/2024
Decision Date
29/08/2025
Published
16/09/2025
Jurisdiction
Scotland
Judge
Michelle Sutherland