Case 4102738/2019 · Employment Tribunal
Member Z Van Zwaneberg Tribunal Member G Powell Mr J McKenzie v Represented by Ms A Bowman A Miller & Son Limited — 2019
- Case reference
- 4102738/2019
- Decision date
- 7 November 2019
- Jurisdiction
- Scotland
- Judge
- Employment Judge M Sangster Tribunal
- Venue
- Edinburgh
- Panel members
- Z Van Zwaneberg, G Powell
Parties
2 namedClaimant
Member Z Van Zwaneberg Tribunal Member G Powell Mr J McKenzie
Key findings
Tribunal's reasoningThe tribunal recorded that the first respondent no longer existed because it had been dissolved on 21 May 2019. The claim therefore proceeded against the second respondent, Miller Bathrooms Limited, which was not present. Oral reasons were given at the hearing and the judgment was unanimous.
The tribunal found that the claimant was unfairly dismissed by the second respondent and ordered the second respondent to pay £8,268.80 by way of compensation. The judgment does not break that sum down into separate basic and compensatory awards.
The tribunal also found a failure to comply with Regulation 13 of the Transfer of Employment (Protection of Employment) Regulations 2006, namely the duty to inform and consult, and ordered the second respondent to pay £3,591.00 in damages. The Employment Protection (Recoupment of Benefits) Regulations 1996 were said to apply, with a prescribed element of £7,699.80 for the period from 5 January 2019 to 1 April 2019 and an excess over that element of £4,160.
Claims and outcomes
2 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Unfair dismissal | The tribunal found that the claimant was unfairly dismissed by the second respondent and ordered compensation of £8,268.80. | Upheld | — | £8,269 |
| Transfer of undertakings (TUPE) | The tribunal awarded £3,591.00 in damages for failure to comply with Regulation 13 of the Transfer of Employment (Protection of Employment) Regulations 2006, relating to inform and consult duties. | Upheld | — | £3,591 |
Remedy
Monetary award- Total award
- £11,860
- across all upheld claims
Legal tests applied
2 references- Regulation 13 of the Transfer of Employment (Protection of Employment) Regulations 2006
- Employment Protection (Recoupment of Benefits) Regulations 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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