Mr W Allan v Mr N Buchan and Others: S/4104468/2018
| Judgment Date | 28 February 2019 |
| Citation | S/4104468/2018 |
| Published date | 04 March 2019 |
| Court | Employment Tribunal |
| Subject Matter | Breach of Contract |
EMPLOYMENT TRIBUNALS (SCOTLAND)
Case No: S/4104468/2018
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Final Hearing Held at Aberdeen on 26 and 27 November 2018 and
17 January 2019, deliberation day on 21 February 2019
Employment Judge: Mr A Kemp
Members: Mrs S Taylor
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Ms V Lockhart
Mr W Allan Claimant
Represented by:
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Mr D McGregor
Lay Representative
Mr N Buchan First Respondent
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Represented by:
Mr W Lane
Solicitor
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Miss E Buchan Second Respondent
Represented by:
Mr W Lane
Solicitor
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N Buchan (Ceilings) Third Respondent
Represented by:
Mr W Lane
Solicitor
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JUDGMENT OF THE EMPLOYMENT TRIBUNAL
The unanimous decision of the Tribunal is:
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(i) The Claimant was employed by the Third Respondent, being the firm
of N Buchan Ceilings, of which the partners were Norman Buchan
S/4104468/2018 Page 2
(the First Respondent), Anne Ritchie Buchan and Elaine Buchan (the
Third Respondent).
(ii) The effective date of termination of the Claimant’s employment was
2 May 2018.
(iii) That termination of employment was a dismissal.
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(iv) The reason for the dismissal was redundancy.
(v) The dismissal was unfair.
(vi) The Claimant was entitled to a statutory redundancy payment from
the Third Respondent and an award therefor in the sum of FIFTEEN
THOUSAND TWO HUNDRED AND FORTY POUNDS (£15,240) is
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made.
(vii) The Claimant is awarded the sum of SIX THOUSAND NINE HUNDRED
AND TEN POUNDS TWENTY SEVEN PENCE (£6,910.27) as a
compensatory award against the Third Respondent.
(viii) The Third Respondent made unlawful deductions from the wages of
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the Claimant (a) in the sum of ONE THOUSAND EIGHT HUNDRED
AND FORTY EIGHT POUNDS FIFTY SIX PENCE (£1,848.56) as to
wages in the period 1 April 2018 to 2 May 2018 and (b) in the sum of
ONE HUNDRED AND THIRTY TWO POUNDS FOUR PENCE (£132.04)
as to holiday pay accrued to 2 May 2018 and awards for those sums
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are made.
(ix) The Third Respondent did not provide the Claimant with a statement
under section 1 of the Employment Rights Act 1996, and he is
awarded the sum of TWO THOUSAND AND THIRTY TWO POUNDS
(£2,032) in respect thereof.
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(x) The Third Respondent did not provide the Claimant with itemised
pay statements under section 8 of the Employment Rights Act 1996,
and he is awarded the sum of TWO THOUSAND AND THIRTY TWO
POUNDS (£2,032) in respect thereof.
(xi) The Respondents were in breach of contract and the Claimant is
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awarded the sum of FOUR THOUSAND FOUR HUNDRED AND
S/4104468/2018 Page 3
NINETY SIX POUNDS SEVENTY FIVE PENCE (£4,496.75) for
damages for the breaches.
(xii) There was no relevant transfer to the Second Respondent under the
Transfers of Undertaking (Protection of Employment) Regulations
2006 and the claims in relation to those Regulations are dismissed.
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REASONS
Introduction
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1. A Final Hearing was held into this case over two days in November 2018 and
one day in January 2018. A Preliminary Hearing had taken place to determine
the issues in the case, which was set out in a Note dated 25 September 2018.
Mr McGregor, who is a lay representative, again appeared for the Claimant
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and Mr Lane, Solicitor, again appeared for all the Respondents at the Final
Hearing.
2. The Claim had been brought against “Mr N Buchan”, being Mr Norman Buchan,
who is the First Respondent. The Response was submitted on behalf of Miss
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Elaine Buchan, his daughter, who is said in the Response Form to be the
proper Respondent and was the Second Respondent. That however was not
accepted by the Claimant as being accurate, and the firm of N Buchan Ceilings
was added as the Third Respondent.
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3. The Claimant had sought in correspondence prior to the Final Hearing a strike
out of certain parts of the Response and in relation to the issue of mitigation.
That application was however withdrawn by Mr McGregor at the start of the
hearing.
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