Case 4120787/2018 · Employment Tribunal
Miss Amy Rose Farrell v 24.7 Property Letting Largs Ltd — 2019
- Case reference
- 4120787/2018
- Decision date
- 20 June 2019
- Jurisdiction
- Scotland
- Judge
- Employment Judge Ian McPherson
- Venue
- Glasgow
Parties
2 namedClaimant
Miss Amy Rose Farrell
Respondent
Key findings
Tribunal's reasoningMiss Amy Rose Farrell was employed as a letting agent by 24.7 Property Letting Largs Ltd from 1 June 2015. The tribunal found that she was not paid her August 2018 wages, that she had Med3 certificates showing work-related stress from 4 September 2018 onwards, and that she resigned with immediate effect by letter delivered on 10 October 2018, stating that she regarded the resignation as constructive dismissal because she had received no salary or statutory sick pay.
The tribunal held that the effective date of termination was 10 October 2018 and that the resignation amounted to an unfair constructive dismissal contrary to ss.94 to 98 ERA 1996. It accepted that non-payment of wages was a repudiatory breach and an effective cause of the resignation, found no fair reason for dismissal, and rejected the respondent's case that the claimant's conduct caused or contributed to the dismissal. For remedy, the tribunal found three years' service and awarded a basic award of £1,080 and a compensatory award of £1,072.71, made up of £500 for loss of statutory rights, £472.71 for past loss of earnings, and £100 for pension loss.
On wages and associated sums, the tribunal found unlawful deductions from wages in the period 1 August 2018 to 10 October 2018 and ordered payment of £2,123.63, plus £26.79 for bank charges under s.24(2) ERA 1996. It rejected redundancy pay because there was no redundancy situation on the evidence, and it did not award pay in lieu of notice. It also made a declaration that the respondents had failed to provide itemised pay statements for September and October 2018, but made no further monetary award on that point.
Separately, under s.38 Employment Act 2002, the tribunal awarded £720, equal to two weeks' gross pay, because the respondents had failed to provide statutory written particulars of employment when proceedings began. The tribunal did not apply any reduction for contributory conduct and said the claimant had taken reasonable steps to mitigate her loss by obtaining new work shortly after leaving. The total monetary award was £5,023.13.
Claims and outcomes
5 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Unfair dismissal | Constructive dismissal found; effective date of termination was 10 October 2018. Compensation comprised a basic award of £1,080 and a compensatory award of £1,072.71 (loss of statutory rights £500, past loss of earnings £472.71, pension loss £100). | Upheld | — | £2,153 |
| Unlawful deduction from wages | Unpaid wages and SSP were found due for the period 1 August 2018 to 10 October 2018. This figure includes £26.79 for bank charges awarded under s.24(2) ERA 1996. | Upheld | — | £2,150 |
| Redundancy | The tribunal found no evidential basis for redundancy within the meaning of s.139 ERA 1996. | Dismissed | — | — |
| Other | Declaration only that the respondents failed to provide itemised pay statements for September and October 2018 under s.8 ERA 1996; no further monetary award was made. | Upheld | — | — |
| Other | Additional award under s.38 Employment Act 2002 for failure to provide written particulars of employment. The tribunal awarded two weeks' gross pay. | Upheld | — | £720 |
Remedy
Monetary award- Total award
- £5,023
- across all upheld claims
- Basic award
- £1,080
- statutory, unfair dismissal
- Compensatory award
- £1,073
- compensatory remedy recorded
Legal tests applied
20 references- s.95(1)(c) ERA 1996
- s.98 ERA 1996
- Western Excavating (ECC) Ltd v Sharp
- Woods v WM Car Services (Peterborough) Ltd
- Malik v BCCI
- Lewis v Motor World Garages Ltd
- WA Goold (Pearmak) Ltd v McConnell
- Hilton v Shiner Ltd
- London Borough of Waltham Forest v Omilaju
- Bournemouth University v Buckland
- Wright v North Ayrshire Council
- Wilding v British Telecommunications plc
- Cooper Contracting Ltd v Lindsey
- s.13-24 ERA 1996
- s.24(2) ERA 1996
- s.38 Employment Act 2002
- s.122(2) ERA 1996
- s.123(1), (4), (6) ERA 1996
- s.221(2) ERA 1996
- s.207A TULRCA 1992
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
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