ETZ 4(WR) IN THE EMPLOYMENT TRIBUNAL (SCOTLAND) AT EDINBURGH Judgment of the Employment tribunal in Case No: 8000958/2024 Issued Following Final Hearing Held on the Cloud Based Video Platform at Edinburgh on the th of November 2024 Employment Judge J G d’Inverno Mr T Mooney v Tennent’s Caledonian Breweries UK Limited — 2024

The tribunal found that Mr Mooney had been continuously employed from 29 June 2009, including after a TUPE transfer to Tennent’s Caledonian Breweries UK Limited effective 8 October 2018, and that his employment ended on 16 February 2024 when he was dismissed by reason of redundancy. It also found that a summary dismissal in April 2011, followed by reinstatement on appeal five days later, did not break continuity of employment.

At the effective date of termination, the claimant was 43 years old, earned an annual gross salary of £27,720.73 or £533.09 per week, and had 14 complete years of continuous employment. The tribunal recorded that this entitled him, under sections 135 and 162 of the Employment Rights Act 1996, to a statutory redundancy payment of £11,194.82, and that he was also contractually entitled to an enhanced redundancy payment of £2,165.68 gross for each completed year of service.

The respondent paid £25,988 on or about 28 February 2024, calculated at the contractual rate but using only 12 completed years of service. The tribunal found that this underpayment meant the claimant had been short by two years of entitlement, amounting to £4,331.36.

The tribunal held that this underpayment was a breach of contract and awarded £4,331.36 in damages, stating that this sum would put the claimant in the position he would have been in but for the breach and that this was the measure of damages in Scots law.