Case 4103908/2022 · Employment Tribunal
Ms L McLaren v Represented by Mr D Hay Advocate Hendrie Legal Limited, t/a Ralph Hendrie Legal — 2023
- Case reference
- 4103908/2022
- Decision date
- 19 May 2023
- Jurisdiction
- Scotland
- Judge
- Employment Judge M Sangster
- Venue
- Edinburgh
Parties
2 namedClaimant
Ms L McLaren
Key findings
Tribunal's reasoningThe case was heard in Edinburgh on 15 and 16 May 2023 before Employment Judge M Sangster. The respondent did not attend or be represented, and its counterclaim in case 4104543/2022 was dismissed under Rule 47. The tribunal also refused the claimant's application to strike out the response because no notice had been given to the respondent in accordance with Rule 37(2).
The tribunal upheld the claimant's complaints of constructive and wrongful dismissal. It awarded £9,573.37 as compensation for unfair dismissal and stated that the Employment Protection (Recoupment of Benefits) Regulations 1996 did not apply to that award. It also found that the respondent had failed to make payment on termination for accrued but untaken holiday entitlement and ordered the gross sum of £809.19.
Claims and outcomes
4 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Other | Respondent's counterclaim in case 4104543/2022 was dismissed under Rule 47 because the respondent did not attend or be represented. | Dismissed | — | — |
| Constructive dismissal | The claimant's constructive dismissal complaint succeeded; the tribunal awarded £9,573.37 as compensation for unfair dismissal and said the Employment Protection (Recoupment of Benefits) Regulations 1996 did not apply. | Upheld | — | £9,573 |
| Wrongful dismissal | The claimant's wrongful dismissal complaint succeeded, but the extract does not identify a separate sum for this head. | Upheld | — | — |
| Holiday pay | The tribunal found the respondent failed to pay accrued but untaken holiday entitlement on termination and ordered payment of the gross sum of £809.19. | Upheld | — | £809 |
Remedy
Monetary award- Total award
- £10,383
- across all upheld claims
- Compensatory award
- £9,573
- compensatory remedy recorded
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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