Case 4113869/2019 · Employment Tribunal
Mr J Allan v John Bennett Funeral Directors Ltd — 2020
- Case reference
- 4113869/2019
- Decision date
- 5 November 2020
- Jurisdiction
- Scotland
- Judge
- Employment Judge M Robison
Parties
2 namedClaimant
Mr J Allan
Respondent
Key findings
Tribunal's reasoningMr Allan brought claims for statutory redundancy pay and holiday pay. After a preliminary hearing on 14 April 2020, the respondent paid the statutory redundancy payment, and the claimant withdrew the holiday pay claim once it was accepted that holiday pay had been paid in full.
The only matter left for the tribunal was the claimant's attempt to recover interest, or compensation for financial loss, arising from late payment of the redundancy payment. The tribunal noted that it had no jurisdiction to award judicial interest on late payment in this situation, and that under section 163 of the Employment Rights Act any compensation would depend on actual financial loss attributable to the non-payment. Although the claimant was given opportunities to identify and evidence such loss, he did not do so.
The claimant responded to the strike-out warning, but he still did not particularise any qualifying loss or produce supporting evidence. The tribunal concluded that the outstanding claim had no reasonable prospect of success and struck it out under rule 37(1)(a) of the Employment Tribunals (Constitution and Rules of Procedure) Regulations 2013.
Claims and outcomes
2 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Redundancy | The claimant originally sought statutory redundancy pay. After the preliminary hearing on 14 April 2020, the respondent paid the redundancy payment, and the remaining issue was the claimant's request for compensation for late payment / interest-like loss. The tribunal struck out the outstanding claim because the claimant had not identified or evidenced any actual financial loss attributable to the non-payment. | Struck out | — | — |
| Holiday pay | The claimant's holiday pay claim was withdrawn after it was accepted that holiday pay had been paid in full. | Withdrawn | — | — |
Legal tests applied
2 references- rule 37(1)(a) of the Employment Tribunals (Constitution and Rules of Procedure) Regulations 2013
- section 163 Employment Rights Act
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.
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