Mr P Davidson v Campsie Retail Ltd — 2026

The tribunal found that Campsie Retail Ltd employed Paul Davidson throughout his employment, from January 2020 until 30 April 2025, at the Dr Fix unit in Union Square, Aberdeen. It rejected the respondent's argument that his employer had changed to Kilwinnet Retail Ltd and then The Wee Engraving Company Limited. Payment of wages through those associated companies did not itself change the employer. No written notification of a change was proved, no statement of employment particulars had been supplied, and Campsie issued the final two payslips. Where the evidence differed, the tribunal preferred Davidson's account, which was supported by documents.

The Dr Fix business closed on 30 April 2025 after attempts to find alternative premises or sell the business failed. The tribunal found that redundancy was the sole reason for Davidson's dismissal. He had received no statutory redundancy payment. His claim for that payment was within the tribunal's jurisdiction and succeeded.

The notice-pay claim, brought as a breach of contract claim, was dismissed for lack of jurisdiction. Davidson began ACAS early conciliation on 6 August 2025, after the deadline of 29 July 2025, and presented his claim on 14 October 2025. His only explanation for the delay was that he had sought an amicable resolution. Even applying a liberal interpretation of the reasonable practicability test in his favour, the tribunal found that he could have checked the deadline and begun conciliation in time while still seeking agreement. He therefore failed to establish that timely commencement was not reasonably practicable.

The tribunal awarded £2,846.25 in statutory redundancy pay. Davidson's earnings varied with his hours, and the pay evidence was limited. The tribunal used his April 2025 gross monthly pay of £1,644.50 to establish a week's pay of £379.50 and applied the statutory formula. It acknowledged that fuller records might have produced a slightly higher weekly figure. No notice-pay award was made.

The tribunal also considered a possible financial penalty under section 12A of the Employment Tribunals Act 1996. It described the failure to pay redundancy as wholly unreasonable and provisionally identified possible aggravating features, including reliance on the absence of documents the employer was required to provide. It gave Campsie 14 days to submit arguments and evidence, including evidence of its ability to pay, before deciding whether to impose a penalty. Voluntary payment of five weeks' notice pay would weigh substantially in the respondent's favour. No penalty was imposed in this judgment; any later penalty would be payable to the Secretary of State.