Case 4106260/2024 · Employment Tribunal
ETZ 4(WR) EMPLOYMENT TRIBUNALS (SCOTLAND) Case No: 4106260/2024, 4106262/2024 & 4106261/2024 Hearing at Edinburgh on October 2024 Employment Judge: M A Macleod (1) Aneta Broncel v (2) Dereick Rushton (3) Ashley Macmillan Enseigner Scotland Ltd — 2024
- Case reference
- 4106260/2024
- Decision date
- 18 December 2024
- Jurisdiction
- Scotland
Parties
2 namedClaimant
ETZ 4(WR) EMPLOYMENT TRIBUNALS (SCOTLAND) Case No: 4106260/2024, 4106262/2024 & 4106261/2024 Hearing at Edinburgh on October 2024 Employment Judge: M A Macleod (1) Aneta Broncel
Key findings
Tribunal's reasoningThe claim was heard on 28 October 2024. The respondent did not present an ET3 or attend, and the claim was decided on the claimants' unchallenged evidence. On that evidence, the respondent had failed to pay the March 2024 wages due on 28 March 2024, then sent emails on 1 and 4 April 2024 saying it did not have the funds to pay and that the claimants did not need to attend the workplace from then on.
For Ms Broncel, the tribunal found that her employment ended with effect from 4 April 2024 without notice, warning, or any process, so the unfair dismissal claim succeeded. It calculated a basic award under section 119 of the Employment Rights Act 1996 at £5,649.93, using 14 completed years' service and weekly gross pay of £389.65. No compensatory award was made because she found a new job on 22 April 2024 on a higher net salary.
The tribunal also found that Ms Broncel had been unlawfully deprived of her March salary of £1,492.10, notice pay of £4,131.96, and holiday pay of £735.57 for 11 days of untaken annual leave. Those sums, together with the basic award, produced a total award of £12,009.56. The Employment Protection (Recoupment of Job Seeker's Allowance and Income Support) Regulations 1996 applied to her award, and the monetary element did not exceed the prescribed element.
Claims and outcomes
2 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Unfair dismissal | Ms Broncel had 14 completed years' service. Her employment ended on 4 April 2024 without notice, warning, or any process, so the dismissal was unfair. The tribunal calculated a basic award under section 119 of the Employment Rights Act 1996 and made no compensatory award because she obtained alternative employment on 22 April 2024 at a higher net salary. | Upheld | — | £5,650 |
| Unlawful deduction from wages | The tribunal found that Ms Broncel had not been paid her March salary, notice pay, or accrued holiday pay at termination. It awarded £1,492.10 for unpaid March salary, £4,131.96 for 12 weeks' notice pay, and £735.57 for 11 days' holiday pay. | Upheld | — | £6,360 |
Remedy
Monetary award- Total award
- £12,010
- across all upheld claims
- Basic award
- £5,650
- statutory, unfair dismissal
- Compensatory award
- £0
- compensatory remedy recorded
Legal tests applied
1 reference- section 119 of the Employment Rights Act 1996
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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