Mr K Wilson v W Grant and Sons Distillers Ltd: 4102506/2020
| Judgment Date | 02 June 2021 |
| Citation | 4102506/2020 |
| Published date | 01 November 2021 |
| Court | Employment Tribunal |
| Subject Matter | Breach of Contract |
EMPLOYMENT TRIBUNALS (SCOTLAND)
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Case No: 4102506/2020
Final Hearing held in person in Glasgow on 11, 12, 13 and 15 January 2021;
Further written representations dated 22 January 2021; and
Deliberation in chambers on 25 February 2021 and 27 May 2021
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Employment Judge: Ian McPherson
Mr Kerry Wilson Claimant
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Represented by:
Ms Katherine Irvine
Solicitor
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William Grant & Sons Distillers Limited Respondents
Represented by:
Mr David Hay
Advocate
Instructed by:
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Pinsent Masons LLP
Solicitors
JUDGMENT OF THE EMPLOYMENT TRIBUNAL
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The Judgment of the Employment Tribunal is that:-
(1) the claimant was fairly dismissed by the respondents, and so his complaint
of unfair dismissal is not well-founded, and, accordingly, it is dismissed by the
Tribunal ; and
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(2) the respondents have not established that the claimant’s employment was
lawfully terminated by them, by reason of his gross misconduct, and so his
complaint of wrongful dismissal, and failure to pay notice pay, is well-
founded, and, accordingly, the respondents are ordered to pay to the claimant,
4102506/2020 Page 2
as damages for that breach of contract, the sum of ELEVEN THOUSAND,
TWO HUNDRED AND SIXTY FOUR POUNDS, SEVENTY SIX PENCE
(£11,264.76), being his statutory entitlement to minimum notice on termination
of his employment by the respondents.
REASONS
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Introduction
1. This case called before the Tribunal as an Employment Judge sitting alone, on
Monday, 11 January 2021, for a 3-day Final Hearing for full disposal, including
remedy if appropriate, as per Notice of Final Hearing in Person issued to both
parties’ representatives by the Tribunal on 25 September 2020.
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2. In the event, evidence and closing submissions could not be concluded within the
allocated 3-day sitting but, with co-operation by both parties with the Tribunal
administration, a fourth day was added by the Tribunal, and the case continued
until Friday, 15 January 2021, when the evidence was concluded, and the
Tribunal heard closing submissions from parties’ legal representatives.
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3. At the Judge’s invitation, further written representations were received from both
parties on 22 January 2021. While the Tribunal deliberated in private, in
chambers, on 25 February 2021, after receipt of those further written
representations, and a draft Judgment was dictated, unfortunately, the Judge’s
sick leave absence from the office, from 18 March to 3 May 2021, meant the
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Tribunal was unable to finalise its final decision, by revising, and completing, the
draft, until recently.
4. The Judge apologises to both parties for this unavoidable delay, which has
already been intimated to parties by email from the Tribunal sent on 11 May 2021,
explaining the position.
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Claim and response
5. On 7 May 2020, following ACAS early conciliation between 18 March and 18 April
2020, the claimant, then acting through his solicitor, Mr Ben Doherty, from
Lindsays, Solicitors, Glasgow, presented to the Employment Tribunal an ET1
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claim form against the respondents, complaining of unfair dismissal arising from
the termination of his employment, on 21 December 2019, as a Spirit Supply
Operative with the respondents at their Girvan Distillery, Ayrshire.
6. The claimant complained that he had been unfairly, summarily dismissed by the
respondents on the grounds of gross misconduct. He alleged that he was owed
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notice pay, and he contended that his dismissal was wrongful and unfair, and so
he sought compensation for unfair dismissal, and wrongful dismissal, as well as
an order for reinstatement to get his old job back.
7. The claimant’s claim against the respondents was accepted by the Tribunal
administration, on 26 May 2020, and a copy served on the respondents, at their
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Glenfiddich Distillery address in Dufftown, Keith requiring them to lodge an ET3
response by 23 June 2020 at the latest. A date listing stencil was enclosed, with
the Tribunal proposing to list the case for Final Hearing in August or September
2020.
8. Thereafter, on 23 June 2020, an ET3 response was submitted on behalf of the
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respondents, by their external solicitor, Ms Nicola Welsh, from Pinsent Masons
LLP, Solicitors, Glasgow, who stated that the claim was defended, and attached
a detailed 5-page, 54 paragraph, grounds of resistance.
9. The respondents denied that the claimant had been unfairly dismissed as alleged
or at all, and explained that he had been dismissed due to gross misconduct, that
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they had a fair reason for dismissing him, and that the sanction of dismissal was
both fair and reasonable having regard to all the circumstances.
10. Further, the respondents denied that they had acted in breach of the claimant’s
employment contract, as alleged or at all, and explained that the claimant had
committed a repudiatory breach of contract entitling the respondents to terminate
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his employment summarily.
11. The respondents’ ET3 response was accepted by the Tribunal administration on
25 June 2020, and a copy sent to the claimant’s representative and ACAS.
Following initial consideration by Employment Judge Shona MacLean, on 30 June
2020, she considered the file, did not dismiss the claim or response on initial
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