Mrs P Fascia v Gordon MacNeil Solicitor — 2025

This was an undefended remedy hearing arising from the claimant’s redundancy. The tribunal accepted the claimant as a credible and reliable witness. It also dealt with the respondent’s position that a judicial factor had been appointed to the business, but held that this did not transfer liability for the claimant’s employment claims away from the respondent, who remained the liable employer. The respondent’s son represented him and was allowed to ask questions and make comments under rule 22 of the Employment Tribunal Procedure Rules 2024.

The tribunal found that Mrs Pamela Fascia had worked as a legal secretary for Mr Gordon MacNeill, a sole practitioner, from 1 April 2007. She was paid a gross salary of £34,999.92 a year, equivalent to £673.08 per week, and a net monthly salary of £2,389.56. On 5 June 2025 she was told by the judicial factor that her employment was terminated summarily on grounds of redundancy. The tribunal found that she had not been warned that redundancy dismissal was possible and had not been consulted about it. It also found that she was paid to 27 May 2025 but not for the period from 28 May to 5 June 2025, that no payment in lieu of notice was made, and that no statement of particulars of employment had ever been provided.

On the money claims, the tribunal awarded £1,134.62 for unauthorised deductions from wages, made up of £865.39 unpaid wages and £269.23 accrued holiday pay. It awarded £2,403.85 in damages for breach of contract for the failure to give notice, calculated on the loss sustained between 5 June 2025 and 1 July 2025 when the claimant obtained new employment. It awarded £14,807.76 as a statutory redundancy payment. On unfair dismissal, the tribunal held that the failure to warn and consult rendered the dismissal unfair under section 94 ERA 1996, but no basic award was payable because of the redundancy payment; the only compensatory element was £500 for loss of statutory rights. It also awarded £2,692.32 for failure to provide a statement of particulars, assessed as four weeks’ pay under section 38 of the Employment Act 2002. The tribunal noted that interest was sought but would be dealt with under the Employment Tribunals (Interest) Order 1990 from 14 days after the judgment date, rather than as a quantified award in the judgment itself.