Case 4106473/2022 · Employment Tribunal
EMPLOYMENT TRIBUNALS (SCOTLAND) Case No: 4106473/2022 Ms A Kirkwood v SANDSTONE UK PROPERTY INVESTMENT Ltd (In Liquidation) — 2024
- Case reference
- 4106473/2022
- Decision date
- 19 November 2024
- Jurisdiction
- Scotland
- Judge
- Employment Judge A Jones Date
Parties
2 namedClaimant
EMPLOYMENT TRIBUNALS (SCOTLAND) Case No: 4106473/2022 Ms A Kirkwood
Key findings
Tribunal's reasoningThe judgment was issued under rule 21 because the respondent did not contest the claim. Employment Judge A Jones found that Ms A Kirkwood was unfairly dismissed and that the dismissal was automatically unfair in terms of section 103A Employment Rights Act 1996, reflecting a protected disclosure.
For remedy, the tribunal found that Sandstone UK Property Investment Ltd entered compulsory liquidation on 7 August 2023 and that, had Ms Kirkwood not been dismissed before then, she would have been dismissed on that date. Compensation was therefore limited to loss of earnings from the dismissal date to 7 August 2023 and loss of pension benefits. No award was made for any bonus between dismissal and liquidation because it was too speculative given her short length of service, and no injury to feelings award was made because the only detriment arising from the protected disclosure was the dismissal itself. The award comprised loss of earnings of £17,909.14, calculated from losses of £41,936.50 less payment in lieu of notice of £3,474.92 and earnings received of £20,552.44, plus pension loss of £2,984.50 (50 weeks at £59.69 per week), giving a total award of £20,893.64.
Claims and outcomes
1 finding recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Unfair dismissal | Automatically unfair dismissal under section 103A Employment Rights Act 1996 following a protected disclosure. The award was limited to loss of earnings and pension loss to 7 August 2023; no bonus or injury to feelings award was made. | Upheld | — | £20,894 |
Remedy
Monetary award- Total award
- £20,894
- across all upheld claims
- Compensatory award
- £20,894
- compensatory remedy recorded
Legal tests applied
1 reference- section 103A 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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