Case 4107785/2020 · Employment Tribunal
Ms Elizabeth Fleming v Limited (in Liquidation) — 2021
- Case reference
- 4107785/2020
- Decision date
- 14 May 2021
- Jurisdiction
- Scotland
- Judge
- Employment Judge J Shepherd
Parties
2 namedClaimant
Ms Elizabeth Fleming
Respondent
Key findings
Tribunal's reasoningThe Claimant worked as kitchen manager and chef at the Foundry pub and restaurant from April 2017. The business later changed to Cardowan Limited, and the Claimant was told that the only change would be the name of the employer. The pub closed in March 2020 during the coronavirus pandemic, and the Claimant was placed on furlough.
The Tribunal found that the Claimant was informed on 3 July 2020 that her employment would end after two months because the Respondent was unlikely to continue trading. The Respondent ceased to carry on the business for the purposes for which the Claimant was employed, and the Tribunal found she was dismissed by reason of redundancy. Based on three years' continuous service, her age, and a gross weekly pay figure of £402.28, the statutory redundancy payment was calculated at £1,810.26.
For wages, the Tribunal found that there had been both underpayments and overpayments between March and September 2020, including reduced or missing payments, furlough payments, and later recoupment of tax and national insurance deductions. Treating the payments as a series of deductions and offsetting overpayments against underpayments, the Tribunal awarded £1,804.20 net for unlawful deductions from wages. The holiday pay and notice pay claims were withdrawn and dismissed upon withdrawal.
Claims and outcomes
5 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Redundancy | The Tribunal found the Claimant was dismissed by reason of redundancy and was entitled to a statutory redundancy payment. | Upheld | — | £1,810 |
| Unlawful deduction from wages | The Tribunal found a series of deductions from wages between 30 March 2020 and 7 September 2020, after offsetting underpayments and overpayments. | Upheld | — | £1,804 |
| Holiday pay | The claim for unpaid holiday pay was dismissed upon withdrawal by the Claimant at the outset of the hearing. | Withdrawn | — | — |
| Breach of contract | The notice pay claim was dismissed upon withdrawal by the Claimant at the outset of the hearing. | Withdrawn | — | — |
| Unfair dismissal | The Claimant withdrew her unfair dismissal and other related claims, which were dismissed upon withdrawal on 27 April 2021. | Withdrawn | — | — |
Remedy
Monetary award- Total award
- £3,614
- across all upheld claims
Legal tests applied
8 references- s.13 ERA 1996
- s.14 ERA 1996
- s.23(2) ERA 1996
- Bear Scotland Ltd v Fulton and another [2015] ICR 221
- s.135 ERA 1996
- s.139 ERA 1996
- s.162 ERA 1996
- s.227 ERA 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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