EMPLOYMENT TRIBUNALS (SCOTLAND) Case No: 4100131/2023 (V) Held at Aberdeen on December 2023 Employment Judge N M Hosie Mrs Nicola Sebai v Campbell Connon, Solicitors & David Morrison & John Fraser Hendry, The Partners thereof — 2023

Mrs Sebai brought undefended claims after Campbell Connon ceased trading and a Judicial Factor was appointed. The tribunal heard only from Mrs Sebai, found her credible and reliable, and accepted that her employment began on 6 November 1986 and ended on 20 October 2022, when she was told not to report for work and later informed that the firm could no longer trade.

The tribunal found a redundancy situation because the business had ceased trading. At termination Mrs Sebai was 52 years old, had 35 years' service, and earned £650 per month, equivalent to £150 per week. On that basis the statutory redundancy payment was 25.5 weeks' pay, or £3,825. The tribunal also found that October wages had not been paid, so £650 was due as an unlawful deduction from wages.

For annual leave, the tribunal found that Mrs Sebai worked two days per week and was entitled to 12 days' leave under the Working Time Regulations 1998. With daily earnings of £75 and no paid holidays taken in the relevant holiday year, it awarded £900 for accrued annual leave. It also held that she was summarily dismissed without the 12 weeks' statutory notice due after 35 years' service, so damages for breach of contract were £1,800.

Finally, the tribunal found that no written statement of particulars of employment had been provided as required by s.1 ERA 1996. Because the successful claims fell within Schedule 5 of the Employment Act 2002, it made the minimum additional award of two weeks' pay, being £300. The total award was £7,475, and the tribunal recorded that the respondent partnership appeared insolvent and that no sums had been paid by the Judicial Factor.