Case 4110412/2021 · Employment Tribunal
Mr G Tully v The Orchard Hotel — 2021
- Case reference
- 4110412/2021
- Decision date
- 18 October 2021
- Jurisdiction
- Scotland
- Judge
- Employment Judge B Campbell
Parties
2 namedClaimant
Mr G Tully
Respondent
Key findings
Tribunal's reasoningThe tribunal, sitting by CVP on 28 September 2021 before Employment Judge B Campbell, found that Mr G Tully had been dismissed on 8 June 2021 by reason of redundancy after completing two full years of service. It held that he was entitled to a statutory redundancy payment under section 135 of the Employment Rights Act 1996 and awarded £712.
It also held that the respondent had made an unlawful deduction from wages contrary to section 13 of the Employment Rights Act 1996 because furlough pay had not been paid for the period from 1 May to 8 June 2021 inclusive. The tribunal ordered payment of £1,302.08 in respect of that deduction.
The tribunal further found that, on termination, the claimant was entitled to 12 days of accrued annual leave under the Working Time Regulations 1998 and had not been paid for that leave. It ordered the respondent to pay £751.20 for the unpaid holiday entitlement.
Finally, the tribunal found that the respondent had breached the claimant's contract of employment by failing to give two weeks' notice of termination or payment in lieu. It awarded £626 as damages for that breach.
Claims and outcomes
4 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Redundancy | The tribunal found the claimant was dismissed on 8 June 2021 by reason of redundancy and had completed two full years of service, so he was entitled to a statutory redundancy payment under section 135 of the Employment Rights Act 1996. | Upheld | — | £712 |
| Unlawful deduction from wages | The tribunal found an unlawful deduction from wages because furlough pay was not paid between 1 May and 8 June 2021 inclusive, contrary to section 13 of the Employment Rights Act 1996. | Upheld | — | £1,302 |
| Holiday pay | The tribunal found the claimant was entitled to 12 days of accrued annual leave on termination under the Working Time Regulations 1998 and had not been paid for it. | Upheld | — | £751 |
| Breach of contract | The tribunal found the respondent breached the contract of employment by failing to give two weeks' notice of termination or payment in lieu. | Upheld | — | £626 |
Remedy
Monetary award- Total award
- £3,391
- across all upheld claims
Legal tests applied
3 references- section 135 of the Employment Rights Act 1996
- section 13 of the Employment Rights Act 1996
- Working Time Regulations 1998
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.
Named in this case and want it removed? Submit a takedown request. The page will be withdrawn on receipt and the editor will follow up within five working days.