Case 4106042/2019 · Employment Tribunal
EMPLOYMENT TRIBUNALS (SCOTLAND) Case Nos: 4106042/2019; 4106043/2019 and 4106044/2019 Mr James Kerr v Murchland Construction Limited — 2020
- Case reference
- 4106042/2019
- Decision date
- 24 March 2020
- Jurisdiction
- Scotland
- Judge
- Employment Judge Shona Maclean
Parties
2 namedClaimant
EMPLOYMENT TRIBUNALS (SCOTLAND) Case Nos: 4106042/2019; 4106043/2019 and 4106044/2019 Mr James Kerr
Respondent
Key findings
Tribunal's reasoningThe claim forms were sent to the respondent on 8 May 2019 and no response was entered within the Rule 16 time limit. The tribunal recorded that Murchland Construction Limited was in compulsory liquidation and that consent to continue the proceedings had been granted by Kilmarnock Sheriff Court on 16 January 2020. On the material available, Employment Judge Shona Maclean determined liability and remedy without a hearing under Rule 21.
The tribunal held that the first, second and third claimants’ claims for statutory redundancy pay, notice pay and accrued but untaken holiday pay succeeded. It awarded James Kerr £20,342, made up of £14,986 redundancy pay, £4,944 payment in lieu of notice and £412 holiday pay; Gordon Stewart £19,326, made up of £13,970, £4,944 and £412 respectively; and Junior Hollywood £17,294, made up of £11,938, £4,944 and £412 respectively.
The reasons explain that the redundancy payments were calculated by reference to each claimant’s length of service, age, gross weekly pay of £556 and the statutory cap of £508 at the date of dismissal. The notice pay was calculated at the statutory maximum of 12 weeks’ net pay of £412, and the holiday pay was calculated as one week’s pay. The total payable across all three claimants was £56,962.
Claims and outcomes
3 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Redundancy | Statutory redundancy pay awarded to all three claimants; aggregate of the sums awarded to James Kerr (£14,986), Gordon Stewart (£13,970) and Junior Hollywood (£11,938). | Upheld | — | £40,894 |
| Breach of contract | Payment in lieu of notice awarded to all three claimants; aggregate of £4,944 for each claimant. | Upheld | — | £14,832 |
| Holiday pay | Accrued but untaken holiday pay awarded to all three claimants; aggregate of £412 for each claimant. | Upheld | — | £1,236 |
Remedy
Monetary award- Total award
- £56,962
- across all upheld claims
Legal tests applied
2 references- Rule 21 of the Employment Tribunal Rules of Procedure 2013
- Rule 16 of the Employment Tribunals (Constitution and Rules of Procedure) Regulations 2013
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
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