Case 4100025/2019 · Employment Tribunal
Miss M Ross v Cowal Golf Club — 2019
- Case reference
- 4100025/2019
- Decision date
- 2 April 2019
- Jurisdiction
- Scotland
- Judge
- Employment Judge Claire McManus
- Venue
- Glasgow
Parties
2 namedClaimant
Miss M Ross
Respondent
Key findings
Tribunal's reasoningThe tribunal accepted the claimant's uncontested oral evidence and supporting documents and found that she had been employed by Cowal Golf Club from 24 June 2005 until her employment ended by reason of redundancy on 30 September 2018. The respondent's letter said the club had reached a position where it had to make her redundant and that it was unable to pay redundancy due to its financial position. The claimant did not receive any payment in lieu of notice.
On the redundancy payment, the tribunal found that the claimant had no normal working hours on the calculation date and applied the statutory redundancy payment provisions in the Employment Rights Act 1996. It used the claimant's average gross weekly pay over the 12 weeks ending before 28 September 2018, which it found to be £47.63. Taking account of her age, 34, and 13 complete years of service, the tribunal calculated statutory redundancy pay at £595.38.
On notice pay, the tribunal found that the claimant was entitled to 12 weeks' notice pay based on her average earnings in the relevant 12-week period. It found her average weekly earnings to be £44.96 and awarded the net sum of £539.57. The total award recorded in the judgment was therefore £1,134.95.
Claims and outcomes
2 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Redundancy | The tribunal found the claimant was dismissed by reason of redundancy and entitled to a statutory redundancy payment. The reasons at paragraph 16 contain one reference to a calculation date of 30 September 2019, but the surrounding findings, dismissal date, and award calculation are for 30 September 2018. | Upheld | — | £595 |
| Other | The tribunal awarded the claimant a net sum for 12 weeks' statutory notice pay under Part IX of the Employment Rights Act 1996. The judgment does not label this claim as breach of contract, so it is classified here as other. | Upheld | — | £540 |
Remedy
Monetary award- Total award
- £1,135
- across all upheld claims
Legal tests applied
6 references- s.135 ERA 1996
- s.162 ERA 1996
- s.224 ERA 1996
- s.226 ERA 1996
- s.227 ERA 1996
- Part IX ERA 1996
Official outcome judgment PDF
Gov.uk primary recordThe official judgment PDF on gov.uk contains the tribunal's outcome, reasoning, and any remedy details. Where this page does not yet show extracted outcomes for every claim, use the PDF as the authoritative source.
Published on gov.uk under the Open Government Licence v3.0.
How we got this data
Case essentials (reference, date, judge, venue, country, claim categories) are extracted from the structured metadata gov.uk publishes alongside each decision. Parties and monetary figures are extracted from the judgment PDF text. Key findings and per-claim outcomes require a second extraction pass that is not yet complete for this case — until then, the primary source linked above is the authoritative record. See full methodology.
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