Case 4102019/2020 · Employment Tribunal
Mr P Ferry v Mulroy Civil Engineering (Scotland) Ltd — 2021
- Case reference
- 4102019/2020
- Decision date
- 22 January 2021
- Jurisdiction
- Scotland
- Judge
- Employment Judge S MacLean
Parties
2 namedClaimant
Mr P Ferry
Respondent
Key findings
Tribunal's reasoningMr Ferry worked for Mulroy Civil Engineering (Scotland) Ltd as a ground worker from 1 October 2017 until his employment was terminated on 23 March 2020. He was sent home that day and received a P45 on 1 April 2020. The respondent did not attend the hearing, and the employment judge accepted the claimant as a credible and reliable witness in the absence of contrary evidence. The judge also recorded the respondent's email of 5 January 2021 saying it had not traded since the COVID outbreak and had no funds or assets.
On those facts, the tribunal found that the claimant was dismissed for redundancy. Redundancy was a potentially fair reason for dismissal, but the dismissal was procedurally unfair. The tribunal noted that the claimant had two complete years of service and would have been entitled to a redundancy payment. It limited the unfair dismissal award to the basic award only, calculated as three weeks' gross pay capped at £525 per week, producing £1,575. No compensatory award was made.
The tribunal also upheld the wage claims. It found an unlawful deduction from wages because the respondent failed to pay one day's wages for 23 March 2020 and the claimant's untaken holiday pay, totalling £563.87. It further found a breach of contract in respect of notice and awarded £907.74 in damages, representing two weeks' net wages. The awards together came to £3,046.61.
Claims and outcomes
4 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Unfair dismissal | The tribunal found that the dismissal was for redundancy and so was based on a potentially fair reason, but it was procedurally unfair. The £1,575 award was limited to the basic award, calculated by reference to the redundancy payment due. | Upheld | — | £1,575 |
| Redundancy | The tribunal found the claimant would have been entitled to a redundancy payment after two years' service, but it did not identify a separate redundancy sum; the point was reflected in the basic award under the unfair dismissal finding. | Upheld | — | — |
| Unlawful deduction from wages | This covered unpaid wages for 23 March 2020 and one week's untaken holiday pay. | Upheld | — | £564 |
| Breach of contract | Damages were awarded for two weeks' notice pay at the claimant's net weekly wage. | Upheld | — | £908 |
Remedy
Monetary award- Total award
- £3,047
- across all upheld claims
- Basic award
- £1,575
- statutory, unfair dismissal
Legal tests applied
1 reference- section 98 of the Employment Rights Act 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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