EMPLOYMENT TRIBUNALS (SCOTLAND) Case No: 4107299/2022 Held at Aberdeen on December 2023 Employment Judge N M Hosie io Mrs Kerry M Hendriksen v Campbell Connon, Solicitors & David Morrison & John Fraser Hendry, The Partners thereof — 2023

Mrs Hendriksen worked for Campbell Connon as a Private Client/Executry Assistant from 30 May 2016. The tribunal found that 24 October 2022 was the effective date of termination, when the Judicial Factor arrived at the Aboyne office and asked her to leave. The respondent had not lodged an ET response and the case proceeded undefended; the tribunal said the claimant gave her evidence in a measured, convincing manner and found her credible and reliable.

The tribunal found this was a genuine redundancy situation because Campbell Connon ceased to trade. It awarded £2,100 as a statutory redundancy payment, calculated by reference to the claimant's age, six complete years' service, and weekly pay of £300. It also found that the respondent had not paid October 2022 wages shown on the claimant's payslip and awarded £952 as unlawful deductions from wages. The tribunal recorded the Judicial Factor's view that there were no funds in the former firm to meet claims and that no payments had been made to the claimant.

The tribunal further held that the claimant had one day's accrued annual leave when her employment ended and awarded £75 under Regulation 30(1)(b) of the Working Time Regulations 1998. It found she was summarily dismissed without notice, that she was entitled to six weeks' statutory notice, and that because she obtained alternative employment two weeks after termination she was awarded £600 as damages for breach of contract. The total sum payable was £3,727.