Case 8001854/2025 · Employment Tribunal
ETZ 4(WR) EMPLOYMENT TRIBUNALS (SCOTLAND) Case No: 8001854/2025 Hearing held by Cloud Video Platform at Edinburgh on April 2026 Employment Judge M A Macleod Mr G Rew
The claimant was employed by Resolve PHB Ltd from 6 January 2022 until 4 April 2025. On 4 April 2025 he and his colleagues were called to the respondent's workplace without being told what would be discussed, and were informed by their manager, Stuart Kerr, that they were all being made redundant with immediate effect because the business could not afford to continue trading and had to close immediately.
The claim was presented on 29 July 2025, outside the three-month time limit, and the tribunal first considered jurisdiction. The tribunal accepted that it had not been reasonably practicable for the claimant to present the claim in time because he was unaware of his rights and had been told by the respondent that he had to await a CA number before taking action. Once former colleagues told him in mid-July that he should claim, he contacted ACAS on 22 July 2025 and presented the claim promptly after early conciliation ended on 28 July 2025, so the claim was allowed to proceed.
The tribunal found that the claimant was unfairly dismissed. He had been called to a meeting without warning of dismissal, told verbally that his employment was ending without notice, and there had been no attempt to consult with him or his colleagues. The tribunal held that dismissal without warning in those circumstances was plainly unfair.
For remedy, the tribunal found that the claimant was 39 at termination and had three years' continuous service. It awarded £2,100 statutory redundancy pay, calculated as three weeks' pay capped at £700 per week, and £1,680 statutory notice pay, calculated as three weeks at net pay of £560 per week. It awarded no further unfair dismissal compensation for wage loss because the claimant began alternative employment on 15 April 2025 at a higher annual gross salary than he had earned with the respondent. The total award was £3,780.
| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Unfair dismissal | The tribunal found the dismissal unfair but awarded no further compensation for wage loss because the claimant had fully mitigated his loss by securing higher-paid alternative employment. | Upheld | — | — |
| Redundancy | The tribunal awarded statutory redundancy pay of 3 weeks' pay, capped at £700 per week. | Upheld | — | £2,100 |
| Wrongful dismissal | The judgment described this as statutory notice pay rather than wrongful dismissal; it awarded 3 weeks' net pay at £560 per week. | Upheld | — | £1,680 |
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