IN THE EMPLOYMENT TRIBUNAL (SCOTLAND) AT EDINBURGH Judgment of the Employment Tribunal in Case No: 4102535/2023 Heard at Edinburgh on the th of June 2023 at am Employment Judge J G d’lnverno Ms A Archibald v Hope and Rose Industries Ltd . — 2023

The tribunal found that Ms A Archibald was summarily dismissed by Hope and Rose Industries Ltd on 2 January 2023 for reason of redundancy. It recorded that she had been employed from 2 May 2014 with Manor View Housing and then, following a relevant transfer under the Transfer of Undertakings (Protection of Employment) Regulations 2006, with continuity of employment by the respondent until 3 January 2023. The tribunal found that at the effective date of termination she was 65 years old, had 8 completed years of service, and had a gross weekly pay of £294 and net weekly pay of £273.46.

On that basis, the tribunal held that she was entitled under section 162 Employment Rights Act 1996 to a statutory redundancy payment of £3,528. It also held that, having been dismissed without notice, she was entitled under section 86 Employment Rights Act 1996 to pay in lieu of minimum statutory notice of £2,187.68, calculated by reference to 8 weeks at £273.46 net per week.

The tribunal further found that her holiday year ran from 31 March to 1 April annually, that her annual entitlement was 28 days paid leave, and that by the effective date of termination she had accrued 21 days across 9 months, of which 9 days had been taken. It awarded £656.40 for 12 days of untaken annual leave and found that the respondent had made an unauthorised deduction from wages of £492.28 net in respect of 45 hours worked between 20 December 2022 and 3 January 2023, calculated by reference to 1.8 weeks of her contracted 25-hour week. The judgment states that the tribunal issued an oral judgment and oral reasons at the hearing and that no written reasons were attached.