Mrs J Stewart v By Written Submission Austins (Dalbeattie) LLP and 1 other — 2018

Mrs J Stewart brought claims for unpaid wages, notice pay, a redundancy payment and holiday pay after her employment ended on 8 February 2018. The first respondent did not lodge a response, but wrote explaining that a judicial factor had been appointed and that the principal had been personally sequestrated. The second respondent lodged a response on the insolvency point. The tribunal decided the case on written submissions, using the ET1, the responses and correspondence.

On the unchallenged material, the claimant had worked for the first respondent since 1 September 1980 as Property Manageress, for 35 hours a week at £365 gross, or £312 net, per week. The tribunal found that the business had ceased trading, the principal had been made bankrupt, a judicial factor had been appointed in March 2018, and there were no funds to meet the claims. It also found that the claimant received no notice when her employment ended, although her contract entitled her to two weeks' notice, and that she had accrued 2.5 days' holiday that had not been paid.

The tribunal held that the claimant was dismissed by reason of redundancy because the business had ceased trading and there was no longer a requirement for her role. Applying s.136 and s.162 of the Employment Rights Act 1996, and taking account of her age, weekly pay and over 30 years' service, it awarded £10,961.40 for redundancy. It also found an unauthorised deduction from wages under s.13 ERA 1996 for the unpaid first week (£365.38), awarded £730.76 for breach of contract in respect of notice, and £182.69 for unpaid holiday entitlement, making a total of £12,240.23 against the first respondent.