Mr E McGrath v The Scottish Ministers

EMPLOYMENT TRIBUNALS (SCOTLAND) Case No: 4104001/2024 5 Heard in Glasgow via Cloud Video Platform (CVP) on 17 September 2024 Employment Judge E Mannion 10 Mr E McGrath Claimant Represented by Mr B Mitchell - Lay Representative 15 The Scottish Ministers Respondent Represented by Mr C McCracken - Solicitor 20

JUDGMENT OF THE EMPLOYMENT TRIBUNAL The respondent’s application for strike out of the claim under Rule 37 is granted. The claimant’s application for amendment is dismissed.

REASONS 25 1. The claimantlodged a claim for unpaidholidaypay on 8 March 2024, stating that hewas financiallydisadvantagedbytakingholiday.Theholidayrelates to a 5 day period of 21-25 August 2023. The respondent disputed the claim.

2. A PreliminaryHearingon timebarwasscheduled.Attheoutset of thehearing, Mr McCracken submittedthat Mr Mitchell recentlyconfirmed thatthere wasno 30 deduction fromthe claimant’spay for therelevant period andso couldnotsee how the claim could proceed. Mr Mitchell confirmed to the Tribunal that the claimant had not suffereda financial deduction,but that the mannerin which his annual leave in Augu...

3. Mr McCracken submitted thatif nodeductionsweremade, thereisnobasisfor the claim. He indicatedthat the respondentwasseekingstrike out underRule 5 37(1)(a) foundinSchedule1of EmploymentTribunals(ConstitutionandRules of Procedure) Regulations2013 (“the ET Rules”) on the basis that there was no reasonableprospect of success. Mr Mitchell confirmedhe was objecting. I decided to proceed with the st...