EMPLOYMENT TRIBUNALS (SCOTLAND)Case No : 06939/20 Mr Stuart Mclnally v Swim Confident Ltd — 2019

The respondent stated that no part of the claim was contested, and the Employment Judge issued judgment on the available material under Rule 21 of the Employment Tribunal Rules of Procedure 2013. The judgment records that the claimant’s start date was 1 June 2014, not 1 June 2013, as amended by the claimant’s e-mail to the tribunal.

The tribunal found that the respondent made an unauthorised deduction from wages by failing to pay the claimant his one month’s salary for April 2019. It ordered payment of £1,750 for that claim. It also found that the claimant was dismissed in breach of contract in respect of notice and awarded £1,615.36, being four weeks’ notice pay at £403.84 per week.

The tribunal further found that the claimant was dismissed by reason of redundancy and was entitled to a redundancy payment of £1,615.36, calculated by reference to his age of 27, four years’ continuous employment, and weekly pay of £403.84. On the unfair dismissal claim, the tribunal held that the claimant was unfairly dismissed. No basic award was ordered because a redundancy payment had been awarded.

For unfair dismissal, the tribunal awarded compensation for past loss of earnings from 27 April 2019 to 9 May 2019, when the claimant secured new employment, and then a further 12 weeks for future loss of earnings. It also awarded £350 for loss of statutory rights. The judgment states that the total monetary award of compensation for unfair dismissal was £2,122.40.