Case 4102888/2022 · Employment Tribunal
Mr P McCann v Ness Tec Ltd — 2023
- Case reference
- 4102888/2022
- Decision date
- 3 October 2023
- Jurisdiction
- Scotland
- Judge
- Employment Judge D Hoey
Parties
2 namedClaimant
Mr P McCann
Respondent
Key findings
Tribunal's reasoningThe claimant worked for Ness Tec Ltd as operations manager from 1 November 2019 until 22 April 2022. The tribunal found that he had not been paid from 30 January 2022 and that the failure to pay wages was a fundamental breach of contract. He resigned after waiting a reasonable period and did so in response to that breach, so he was constructively unfairly dismissed under section 95(1)(c) of the Employment Rights Act 1996.
For remedy, the tribunal awarded a basic award of £1,142 and a compensatory award of £2,497.33. The compensatory award was made up of one month's net pay of £2,097.33, £350 for loss of statutory rights, and £50 in job-search costs. The claimant's losses ended on 22 June 2022 when he obtained new employment, and the tribunal said the recoupment provisions did not apply.
The tribunal also awarded £11,705.50 gross for unpaid wages covering 30 January 2022 to 22 June 2022, and £935.50 gross for 11.5 days of accrued holiday on termination. It recorded that notice pay, other payments and a redundancy payment had been ticked on the claim form but were not being pursued, and the other claims were dismissed.
Claims and outcomes
4 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Unfair dismissal | Constructive unfair dismissal based on the respondent's failure to pay wages for a number of months; basic award £1,142 and compensatory award £2,497.33. | Upheld | — | £3,639 |
| Unlawful deduction from wages | Awarded gross for unpaid wages from 30 January 2022 to 22 June 2022; statutory deductions to be made as required by law. | Upheld | — | £11,706 |
| Holiday pay | Awarded gross for 11.5 days of accrued but unused holiday on termination; statutory deductions to be made as required by law. | Upheld | — | £936 |
| Other | The claimant had also ticked notice pay, other payments and a redundancy payment, but confirmed these were not being pursued; the tribunal dismissed the other claims. | Dismissed | — | — |
Remedy
Monetary award- Total award
- £16,280
- across all upheld claims
- Basic award
- £1,142
- statutory, unfair dismissal
- Compensatory award
- £2,497
- compensatory remedy recorded
Legal tests applied
8 references- s.95(1)(c) ERA 1996
- Western Excavating (ECC) Ltd v Sharp [1978] IRLR 27
- Wright v North Ayrshire Council [2014] IRLR 4
- s.119 ERA 1996
- s.123(1) ERA 1996
- s.13 ERA 1996
- regulations 13, 13A, 14 and 15A WTR 1998
- ss.221-229 ERA 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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