EMPLOYMENT TRIBUNALS (SCOTLAND) Case No: 4107472/2022 (V) Held at Aberdeen on December 2023 Employment Judge N M Hosie v Dr David Mcintosh As Executor of the Estate Of the late Mrs Elizabeth Marjorie McIntosh Campbell Connon, Solicitors, & David Morrison & John Fraser Hendry, The Partners thereof — 2023

Mrs McIntosh, a legal secretary with continuous service since 1987, brought the claim after her employment ended on 24 October 2022 when a Judicial Factor was appointed to Campbell Connon and the firm ceased trading. She died on 14 September 2023 and the claim was continued by her executor, Dr David McIntosh. The respondent did not lodge an ET3, the case proceeded undefended, and the tribunal found Dr McIntosh credible and his documentary evidence consistent with the bundle.

The tribunal held that there was a redundancy situation because Campbell Connon had ceased to trade. On the facts accepted by the tribunal, Mrs McIntosh was 83 years old at dismissal and had 35 years' complete service. Using an average normal weekly pay of £481 and 30 weeks' entitlement, the tribunal awarded a statutory redundancy payment of £14,430. It also found that wages were unpaid for 1 to 24 October 2022 and awarded £1,540 as unlawful deductions from wages, and that 5 weeks' accrued annual leave remained due, awarding £2,405 under regulation 30(1)(b) of the Working Time Regulations 1998.