EMPLOYMENT TRIBUNALS (SCOTLAND) Case No: 4102136/2023 (V) Held at Aberdeen on October 2023 Employment Judge N M Hosie Mrs Jacqueline Majella Butler v Campbell Connon, Solicitors & David Morrison & John Fraser Hendry, The Partners thereof — 2023

Mrs Jacqueline Butler had worked for Campbell Connon as a legal secretary since 6 September 1993. The tribunal found that the firm had ceased trading after the appointment of a Judicial Factor, and that the effective date of termination of her employment was 2 November 2022, when Morna Grandison wrote to say that Campbell Connon could no longer trade. On that basis, it found a genuine redundancy situation and awarded a statutory redundancy payment.

The tribunal held that the claims for unpaid wages, accrued annual leave and notice pay were out of time on the face of the dates, because the ACAS early conciliation certificate issued on 18 January 2023 but the claim form was not presented until 10 March 2023. It nevertheless found that it had not been reasonably practicable for Mrs Butler to present the claim in time, having regard to her lack of tribunal experience and advice, the distress caused by the dismissal, her mother's death on 17 November 2022, and her attempts to correspond with the Judicial Factor. It therefore accepted jurisdiction to determine those claims.

On the merits, the tribunal found that Mrs Butler had not been paid her October wages and awarded £1,354.85. It also found that she had accrued 12 days' untaken annual leave and awarded £750.36 in lieu of holiday pay. For notice, it found that she was entitled to 12 weeks' statutory notice but had been summarily dismissed, and it awarded £3,381.84 in damages for breach of contract based on her net weekly pay. It also found that she had not been given a written statement of particulars of employment and awarded £625.32, representing the minimum amount of two weeks' pay.

The tribunal recorded that the respondent appeared to be insolvent and that no payments had been made by the Judicial Factor. The total awards made by the tribunal came to £14,397.86.