Case 4111439/2019 · Employment Tribunal
Mrs Linda Roberts v Maintenance & Building Preservation Ltd — 2020
- Case reference
- 4111439/2019
- Decision date
- 11 February 2020
- Jurisdiction
- Scotland
- Judge
- Employment Judge I McPherson
- Venue
- Glasgow
Parties
2 namedClaimant
Mrs Linda Roberts
Respondent
Key findings
Tribunal's reasoningMrs Linda Roberts had worked for Maintenance & Building Preservation Ltd as a part-time administration assistant from about 1 September 2008 until 13 August 2019. The respondents conceded that she was constructively dismissed when told her hours would be reduced from 20 to 12 per week, but argued that the dismissal was fair because it was by reason of redundancy. The tribunal preferred the claimant's evidence about the 13 August 2019 meeting, found that the respondents had not shown a redundancy situation within section 139 ERA 1996, and rejected the redundancy justification as not well-founded under section 98(4) ERA 1996.
Claims and outcomes
3 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Unfair dismissal | Constructive dismissal was conceded. The tribunal rejected the respondents' redundancy justification as not well-founded and held the dismissal unfair. The award comprised a basic award of £2,463.00 and a compensatory award of £1,151.20, subject to recoupment. | Upheld | — | £3,614 |
| Other | Failure to provide written particulars of employment under section 1 ERA 1996. The tribunal awarded the higher amount of four weeks' pay under section 38 Employment Act 2002. | Upheld | — | £657 |
| Holiday pay | Unpaid holiday pay under Regulation 14 of the Working Time Regulations 1998, awarded under Regulation 30. | Upheld | — | £115 |
Remedy
Monetary award- Total award
- £4,386
- across all upheld claims
- Basic award
- £2,463
- statutory, unfair dismissal
- Compensatory award
- £1,151
- compensatory remedy recorded
Legal tests applied
11 references- s.98(4) ERA 1996
- s.139 ERA 1996
- Murray v Foyle Meats Ltd
- Abernethy v Mott, Hay and Anderson
- Polkey v AE Dayton Services Ltd
- Williams v Compair Maxam Ltd
- s.123(4) ERA 1996
- Cooper Contracting Ltd v Lindsey
- s.38 Employment Act 2002
- Regulation 14 Working Time Regulations 1998
- Regulation 30 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.
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