Case 4111061/2019 · Employment Tribunal
Darren McHenry v Livingston Decorating Co Ltd — 2019
- Case reference
- 4111061/2019
- Decision date
- 10 December 2019
- Jurisdiction
- Scotland
- Judge
- Employment Judge Rory McPherson
- Venue
- Edinburgh
Parties
2 namedClaimant
Darren McHenry
Respondent
Key findings
Tribunal's reasoningThe tribunal, sitting in Edinburgh on 4 December 2019 before Employment Judge Rory McPherson, gave an unanimous judgment that Darren McHenry’s claims for redundancy, unfair dismissal and breach of contract succeeded. The respondent, Livingston Decorating Co Ltd, was not present and was not represented. Oral reasons were given at the hearing.
In respect of redundancy, the tribunal awarded statutory redundancy pay of £802.00. In respect of unfair dismissal, it awarded a total of £845.00, comprising a nil basic award because that element was met by the statutory redundancy award, together with a compensatory award of £645.00 for loss of earnings and £200.00 for loss of statutory right. The reasons also record the recoupment period as 6 April 2018 to 21 April 2018 and the prescribed element as £645.00, with £200.00 payable immediately as the amount above the prescribed element.
The tribunal also upheld the breach of contract claim relating to notice under s.86 of the Employment Rights Act 1996 and awarded £602.00. The decision therefore resulted in awards of £802.00 for redundancy, £845.00 for unfair dismissal, and £602.00 for breach of contract.
Claims and outcomes
3 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Redundancy | Statutory redundancy award. | Upheld | — | £802 |
| Unfair dismissal | The tribunal awarded a nil basic award, said to be met by the statutory redundancy award, plus a compensatory award of £645 for loss of earnings and £200 for loss of statutory right. | Upheld | — | £845 |
| Breach of contract | Notice pay awarded under s.86 of the Employment Rights Act 1996. | Upheld | — | £602 |
Remedy
Monetary award- Total award
- £2,249
- across all upheld claims
- Basic award
- £0
- statutory, unfair dismissal
- Compensatory award
- £645
- compensatory remedy recorded
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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