Case 4103008/2019 · Employment Tribunal
Mrs A McGloin v Bute House Limited — 2019
- Case reference
- 4103008/2019
- Decision date
- 1 July 2019
- Jurisdiction
- Scotland
- Judge
- Employment Judge O’Donnell
- Venue
- Glasgow
Parties
2 namedClaimant
Mrs A McGloin
Respondent
Key findings
Tribunal's reasoningThe claimant, Mrs A McGloin, worked for Bute House Ltd from 6 February 2006 until her employment ended on 2 October 2018. The tribunal found that the respondent had ceased trading and closed the care home on 14 September 2018, and that the claimant was dismissed by reason of redundancy within section 139 of the Employment Rights Act 1996. On that basis, and accepting that she was 57 years old with 12 years' service, the tribunal held that she was entitled to 18 weeks' redundancy pay calculated from a gross weekly wage of £369.23, producing a statutory redundancy payment of £6,646.14.
Claims and outcomes
4 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Redundancy | The tribunal found the claimant was dismissed by reason of redundancy after the respondent ceased trading and closed the care home. It accepted she was 57 with 12 years' service and awarded 18 weeks' pay at £369.23 per week, totalling £6,646.14. | Upheld | — | £6,646 |
| Unlawful deduction from wages | Claim for a shortfall in the claimant's final wages. The tribunal held the claim was presented out of time under s.23(2) ERA 1996, found it was reasonably practicable to present it in time, and declined to extend time under s.23(4), so it had no jurisdiction. | Other | — | — |
| Unlawful deduction from wages | Claim for pay in lieu of untaken holidays. The tribunal held the claim was presented out of time under s.23(2) ERA 1996, found it was reasonably practicable to present it in time, and declined to extend time under s.23(4), so it had no jurisdiction. | Other | — | — |
| Breach of contract | Claim for failure to give proper notice of dismissal. The tribunal held the claim was presented out of time under the Employment Tribunals Extension of Jurisdiction (Scotland) Order 1994, found it was reasonably practicable to present it in time, and declined to exercise discretion to hear it. | Other | — | — |
Remedy
Monetary award- Total award
- £6,646
- across all upheld claims
Legal tests applied
6 references- s.135 ERA 1996
- s.139(1)(a)(i) ERA 1996
- s.162 ERA 1996
- s.23(2) ERA 1996
- s.23(4) ERA 1996
- Employment Tribunals Extension of Jurisdiction (Scotland) Order 1994
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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