Case 4105305/2022 · Employment Tribunal
Mr Donald McGregor v Kinross Curling Trust — 2023
- Case reference
- 4105305/2022
- Decision date
- 9 February 2023
- Jurisdiction
- Scotland
- Judge
- Employment Judge A Kemp
- Venue
- Dundee
Parties
2 namedClaimant
Mr Donald McGregor
Respondent
Key findings
Tribunal's reasoningThe tribunal held that the respondent had been validly served and that it had jurisdiction to hear the combined claims despite the absence of a Response Form and the respondent not attending. The claims for statutory redundancy payment were presented outside the primary six-month period, but the tribunal extended time on a just and equitable basis under section 164 of the Employment Rights Act 1996 because the claimants believed the Redundancy Payments Service would deal with payment, had not taken legal advice, and had not researched the time limits. The first claimant's wages claim was also out of time, but the tribunal was just satisfied that it was not reasonably practicable to present it in time under section 23(4).
Claims and outcomes
4 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Unlawful deduction from wages | Mr Gareth Thomas; unpaid salary for the period from 15 December 2021 to 4 February 2022; the tribunal found the claim out of time but allowed it because it was not reasonably practicable to present it earlier. | Upheld | — | £2,399 |
| Redundancy | Mr Gareth Thomas; statutory redundancy payment; time was extended on a just and equitable basis under section 164 of the Employment Rights Act 1996. | Upheld | — | £2,042 |
| Redundancy | Mr Ian Mowbray; statutory redundancy payment; time was extended on a just and equitable basis under section 164 of the Employment Rights Act 1996. | Upheld | — | £14,480 |
| Redundancy | Mrs Elaine Mowbray; statutory redundancy payment; time was extended on a just and equitable basis under section 164 of the Employment Rights Act 1996. | Upheld | — | £20,400 |
Remedy
Monetary award- Total award
- £39,321
- across all upheld claims
Legal tests applied
2 references- section 164 just and equitable extension
- section 23(4) not reasonably practicable
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.