Case 4103196/2020 · Employment Tribunal
Ms Audrey Hollingworth v Represented by: Herself Bluebell Tea Room Ltd — 2020
- Case reference
- 4103196/2020
- Decision date
- 26 October 2020
- Jurisdiction
- Scotland
- Judge
- Employment Judge D Hoey
- Venue
- Glasgow
Parties
2 namedClaimant
Ms Audrey Hollingworth
Key findings
Tribunal's reasoningThe claim, presented on 5 June 2020, sought redundancy pay, unpaid notice pay and accrued holiday pay. No ET3 was lodged and the matter was undefended. The tribunal held a telephone hearing on 23 October 2020 after technical issues with the remote hearing, and found the arrangements fair. It proceeded on the basis of evidence that was not disputed.
The tribunal found that Ms Hollingworth had worked as a cook/waitress for over five complete years. She was given notice on 29 November 2019 that the business would cease trading and it did so on 21 December 2019. She worked until 20 December 2019, had accrued 1.6 weeks' untaken and unpaid holiday at termination, was paid £8.21 per hour for a minimum of 32 hours per week, and was aged 58 at dismissal. It also found that she secured another role from 27 January 2020.
On notice pay, the tribunal held that she was entitled to five weeks' statutory notice under section 86 of the Employment Rights Act 1996, but had only been given three weeks' notice. Two weeks remained outstanding, and the tribunal awarded £525.44 gross as damages for breach of contract, based on a weekly pay figure of £262.72. On redundancy, it found that the respondent had ceased to carry on business in the place where she was employed and that she was dismissed for that reason, so she was entitled to a statutory redundancy payment. Applying the statutory formula, it awarded £1,970.40. On holiday pay, the tribunal found that 1.6 weeks' holiday had accrued but not been paid and awarded £420.35. The total award was £2,916.19.
Claims and outcomes
3 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Breach of contract | Unpaid notice pay was treated as a breach of contract claim and awarded as gross damages for two weeks' notice pay. | Upheld | — | £525 |
| Redundancy | The tribunal found the claimant was dismissed by reason of redundancy and calculated the statutory payment using a 7.5 multiplier and a weekly pay figure of £262.72. | Upheld | — | £1,970 |
| Holiday pay | The tribunal found that 1.6 weeks' holiday had accrued but remained untaken and unpaid at termination, and awarded payment in lieu. | Upheld | — | £420 |
Remedy
Monetary award- Total award
- £2,916
- across all upheld claims
Legal tests applied
9 references- s.86 ERA 1996
- Employment Tribunals Extension of Jurisdiction (Scotland) Order 1994
- s.13 ERA 1996
- Working Time Regulations 1998 reg 13
- Working Time Regulations 1998 reg 13A
- Working Time Regulations 1998 reg 14
- s.139 ERA 1996
- s.163 ERA 1996
- s.162 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.