Case 4103190/2022 · Employment Tribunal
Mrs J Doyle v Forth Care Limited (in Liquidation) — 2022
- Case reference
- 4103190/2022
- Decision date
- 18 August 2022
- Jurisdiction
- Scotland
- Judge
- Employment Judge I McFatridge
Parties
2 namedClaimant
Mrs J Doyle
Respondent
Key findings
Tribunal's reasoningMrs J Doyle gave evidence and productions, which the tribunal accepted. It found that Little Einsteins Nithsdale Nursery was not a separate legal person but a trading style of Forth Care Limited, so claim number 4103068/2022 against Little Einsteins Nithsdale Nursery was dismissed and the case proceeded only against Forth Care Limited (In Voluntary Liquidation). The tribunal accepted the claimant's evidence about her employment starting on or about 25 October 2018, her pay, and her holiday arrangements.
Against Forth Care Limited, the tribunal found that Mrs Doyle had three full years' service and had been over 41 in each of those years, so she was entitled to a redundancy payment of £1,359.32, calculated at 4.5 weeks of gross pay. It also found that she was entitled to three weeks' notice under s.86 ERA 1996, had been given less than an hour's notice, and had received no payment in lieu. The operative award was £783.69 as damages for breach of contract, although paragraph 16 of the reasons states £763.69. For holiday pay, the tribunal found she had 32 hours carried over from 2021 and a further 40.73 hours accrued in 2022, giving 72.73 hours of unpaid annual leave valued at £474.92 using her net hourly rate of £6.53.
The total award recorded by the judgment was £2,617.93.
Claims and outcomes
4 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Other | Claim number 4103068/2022 against Little Einsteins Nithsdale Nursery was dismissed because the tribunal found that name was a trading style of Forth Care Limited and not a separate legal person. | Dismissed | — | — |
| Redundancy | The tribunal found the claimant had three full years' service and had been over 41 in each of those years, so it awarded a redundancy payment of 4.5 weeks' gross pay at £302.07 per week. | Upheld | — | £1,359 |
| Breach of contract | Awarded as damages for failure to pay notice pay. Paragraph 16 of the reasons states £763.69, but the operative judgment awards £783.69, which matches 3 weeks at £261.23 per week. | Upheld | — | £784 |
| Holiday pay | The tribunal found 32 hours carried over from 2021 and a further 40.73 hours accrued in 2022, giving 72.73 hours of annual leave accrued but untaken valued at £6.53 per hour. | Upheld | — | £475 |
Remedy
Monetary award- Total award
- £2,618
- across all upheld claims
Legal tests applied
2 references- s.86 ERA 1996
- s.163 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.
Named in this case and want it removed? Submit a takedown request. The page will be withdrawn on receipt and the editor will follow up within five working days.