EMPLOYMENT TRIBUNALS (SCOTLAND) Case No: 4100506/2023 Held at Aberdeen on December 2023 Employment Judge N M Hosie Mrs Jacqueline Louise Elder v Represented by, Ms A Neukirch, Solicitor Campbell Connon Solicitors & David Morrison & John Fraser Hendry, The Partners thereof — 2023

Mrs Jacqueline Elder was employed by Campbell Connon as a cashier from 4 March 2002. On 24 October 2022, after a Judicial Factor and her team arrived at the Aberdeen office, she was asked to assist, then told to hand over work property and go home. She was told not to return to work. On 31 October 2022 she was informed that she had been made redundant with a termination date of 24 October 2022, and on 2 November 2022 the Judicial Factor wrote that Campbell Connon could no longer trade and that there was no money to settle any outstanding claims. The respondent did not lodge an ET3, the case proceeded undefended, and the tribunal found Mrs Elder to be credible and reliable.

The tribunal held that this was a genuine redundancy because the firm had ceased to trade. At dismissal Mrs Elder was 58 years old and had 20 complete years' service. Using her weekly pay of £481.15, the tribunal found that she was entitled to 28.5 weeks' pay and therefore a statutory redundancy payment of £13,712.78. It also found that she had not been paid her October wages and, relying on the wage slip, awarded £1,354.34 net as unlawful deductions from wages.

For annual leave, the tribunal accepted that Mrs Elder was entitled to 21 days' holiday, had taken 14 days, and therefore had 7 days accrued but untaken leave at termination. At £112.88 per day, it awarded £790.16 as a payment in lieu of annual leave under regulation 30(1)(b) of the Working Time Regulations 1998. The tribunal also found that she had been summarily dismissed and was entitled to 12 weeks' notice. It treated the failure to give notice as a breach of contract and awarded £4,740.96 in damages, calculated by reference to her net weekly pay of £395.08.

The tribunal further found that Mrs Elder had not been given a written statement of particulars of employment, contrary to s.1 of the Employment Rights Act 1996. Because her successful claims were among those listed in Schedule 5 of the Employment Act 2002, the tribunal awarded the statutory minimum of two weeks' pay, namely £962.30. It also recorded that the respondent was insolvent and noted that no payments had been made by the Judicial Factor.