Case 8001841/2025 · Employment Tribunal
Mr John MacDonald v Neil MacKay & Co. Ltd — 2026
- Case reference
- 8001841/2025
- Decision date
- 1 April 2026
- Jurisdiction
- Scotland
- Judge
- Employment Judge M Whitcombe
- Venue
- Glasgow
Parties
2 namedClaimant
Mr John MacDonald
Respondent
Key findings
Tribunal's reasoningEmployment Judge M Whitcombe recorded that, by consent, Mr John MacDonald was unfairly dismissed by Neil MacKay & Co. Ltd. The judgment also recorded that, by the time judgment was given, the respondent had made payments to the claimant exceeding his entitlements to notice pay, accrued paid annual leave on termination, a statutory redundancy payment, the basic and compensatory awards for unfair dismissal, and an award of four weeks' pay for failure to provide a written statement of employment particulars.
The tribunal held that the ACAS Code of Practice on Disciplinary and Grievance Procedures did not apply, so compensation was not increased for an alleged unreasonable failure to comply with it. Because the respondent's payments exceeded the recorded entitlements, the tribunal did not order the respondent to pay any compensation to the claimant.
The respondent's counter-claim for breach of contract was withdrawn in the Employment Tribunal. The tribunal did not dismiss that counter-claim because the respondent intended to pursue it in the civil courts.
Claims and outcomes
6 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Unfair dismissal | The claimant was unfairly dismissed by consent, but payments made by the respondent exceeded the claimant's entitlement to both the basic award and compensatory award, so no compensation was ordered. | Upheld | — | — |
| Wrongful dismissal | The judgment records that payments made by the respondent exceeded the claimant's entitlement to notice pay; no further award was ordered. | Other | — | — |
| Holiday pay | The judgment records that payments made by the respondent exceeded the claimant's accrued entitlement to paid annual leave on termination; no further award was ordered. | Other | — | — |
| Redundancy | The judgment records that payments made by the respondent exceeded the claimant's entitlement to a statutory redundancy payment; no further award was ordered. | Other | — | — |
| Other | The judgment records an entitlement to an award of four weeks' pay for failure to provide a written statement of employment particulars, but payments made by the respondent exceeded that entitlement and no further award was ordered. | Other | — | — |
| Breach of contract | The respondent's counter-claim for breach of contract was withdrawn in the Employment Tribunal, but was not dismissed because the respondent intended to pursue it in the civil courts. | Withdrawn |
Legal tests applied
1 reference- ACAS Code of Practice on Disciplinary and Grievance Procedures
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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