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Mr I Anderson and Mr A Wilson v Scottish Fire and Rescue Service

4103624/2023 and 4103625/2023

Decision date
7 Mar 2024
Published
8 Apr 2024
Country
Scotland
Source
GOV.UK
Unlawful Deduction from Wages

Judgment PDF (12 pages · 48 chunks)

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EMPLOYMENT TRIBUNALS (SCOTLAND) Case Nos 4103624/2023 & 4103625/2023 Held in Glasgow on 21 & 22 February 2024 5 Employment Judge S MacLean Mr Ian Anderson First Claimant In Person 10 Mr Andrew Wilson Second Claimant Represented by: Mr I Anderson - First Claimant 15 Scottish Fire & Rescue Service Respondent Represented by: Ms L McSporran - Solicitor
20 JUDGMENT OF THE EMPLOYMENT TRIBUNAL The Judgment of the Employment Tribunal is that the claims under section 23 of the Employment Rights Act 1996 are dismissed.
REASONS Introduction 25 1. The claimants complain that the respondent has refused to pay back pay representing a pay rise in the period they were employed by the respondent. The respondent says that there is no contractual provision entitling the claimants to the sums sought. The claimants do not point to a contractual provision. They maintain that the Fire and Rescue division in which they wer...
2. This was a final hearing on liability only. The first claimant represented the second claimant. They gave evidence on their own account. John McKenzie, Scottish regional secretary of the FBU, gave evidence remotely on their behalf. George Lindsay, people manager (reward) gave evidence for the 5 respondent.
3. The witnesses referred to documents in a joint file. The parties also prepared outline written submissions on which they addressed the Tribunal orally when the evidence concluded.

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