A Kemp Members: Mrs S Taylor Ms V Lockhart Mr W Allan v Represented by:15 Mr D McGregor Lay Representative Mr N Buchan and 1 other — 2019

The tribunal found that Wallace Allan was employed by N Buchan Ceilings, a firm trading under a partnership of Norman Buchan, Anne Ritchie Buchan and Elaine Buchan. It rejected the asserted 2013 change to a reduced-hours and goodwill arrangement, the alleged change of employer to Elaine Buchan as sole trader, and the alleged resignations said to have occurred in March 2018. The tribunal preferred the claimant's evidence and records, and found the respondents' account and late-produced documents unreliable.

The effective date of termination was 2 May 2018. The tribunal was satisfied that there was a dismissal, and that it was a constructive dismissal under section 95(1)(c) of the Employment Rights Act 1996. It found the reason for dismissal was redundancy. The dismissal was unfair because there had been no real consultation or fair process. The tribunal awarded the claimant a statutory redundancy payment of £15,240 and a compensatory award of £6,910.27; no basic award was made because of the redundancy payment, and no future loss was awarded after the tribunal applied Polkey.

The tribunal also awarded £1,848.56 for unpaid wages from 1 April 2018 to 2 May 2018 and £132.04 for holiday pay accrued over the same period. It found the respondents were in breach of contract in relation to unpaid employer national insurance contributions and pension contributions, quantified at £4,162 and £334.75 respectively, making £4,496.75 in total. Separate awards of £2,032 were made for failure to provide a written statement of employment particulars and for failure to provide itemised pay statements. The TUPE claims were dismissed because the tribunal found there had been no relevant transfer, and no award was made for claimed tax liability or for incorrect or late P45/P60 forms.