Case 4101466/2022 · Employment Tribunal
Mr J Moles v All Saints Construction (in compulsory liquidation) — 2022
- Case reference
- 4101466/2022
- Decision date
- 29 June 2022
- Jurisdiction
- Scotland
- Judge
- Employment Judge N Buzzard
Parties
2 namedClaimant
Mr J Moles
Key findings
Tribunal's reasoningThe claimant, Mr J Moles, appeared in person and the respondent did not appear or present representation. Employment Judge N Buzzard gave judgment orally at the hearing on 28 June 2022, with written reasons not to be provided unless requested. The tribunal found the claimant's redundancy payment claim well founded and ordered payment of £3,264 under the statutory minimum formula.
The tribunal also found that the claimant had been dismissed without statutory minimum notice and awarded £10,000, representing six weeks' gross pay. It separately upheld the claim for accrued untaken holiday and ordered payment of £5,486.15, stated to be the amount the respondent had identified as the claimant's untaken leave on termination. Both of those sums were recorded as taxable and to be declared to HMRC by the claimant.
The claim for unfair dismissal also succeeded. The tribunal awarded £23,820 made up of £7,450 for loss of earnings to date, £770 for loss of pension benefits to date, and £15,600 for future loss of earnings. A further claim that there had been a deduction from wages in December 2021 was dismissed because the tribunal found the employment had ended at the end of November 2021 and that the recoupment regulations did not apply.
Claims and outcomes
5 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Redundancy | The tribunal held the redundancy payment claim was well founded and ordered payment at the statutory minimum formula. | Upheld | — | £3,264 |
| Wrongful dismissal | The tribunal held the claimant was dismissed without statutory minimum notice and awarded six weeks' gross pay, stated to be taxable. | Upheld | — | £10,000 |
| Holiday pay | The tribunal upheld the claim for accrued untaken holiday and awarded the sum stated by the respondent as representing untaken leave on termination, described as taxable. | Upheld | — | £5,486 |
| Unfair dismissal | The tribunal upheld the unfair dismissal claim and awarded compensation for loss of earnings to date of £7,450, loss of pension benefits to date of £770, and future loss of earnings of £15,600. | Upheld | — | £23,820 |
| Unlawful deduction from wages | The claim concerning a deduction from wages in December 2021 was dismissed because the tribunal found the employment ended at the end of November 2021 and that the recoupment regulations did not apply. | Dismissed | — | — |
Remedy
Monetary award- Total award
- £41,770
- across all upheld claims
- Compensatory award
- £23,820
- compensatory remedy recorded
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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