Mr C Phillips and Others v Kilgraston School Trust (In Sequestration Care of PWC): 4107444/2024 and Others
JUDGMENT
Rule 22 of the Employment Tribunal Procedure Rules 2024 No response has been presented to this claim and an Employment Judge has decided to issue the following judgment on the available material under rule 22: The respondent shall pay the following sums to the claimant:[1]The respondent has unlawfully withheld wages and is ordered to pay the claimant the gross sum of Three Hundred and Fifty Two Pounds and Fifteen Pence (£352.15) (Calculated on the basis of £46,156÷12=£3846.33-£3494.18 (Amount received from Insolvency Service)).[2]The claimant was dismissed in breach of contract in respect of notice and the respondent is ordered to pay damages of 10 week’s pay to the claimant in the sum of Three Thousand Nine Hundred and Twenty Five Pounds and Sixty Three Pence (£3925.63) (Calculated on the basis of 10 x £887.61=£8876.10 - £4950.47 (Amount received from Insolvency Service)).[3]A judgment for the protective award (APA) head of claim will be issued separately.[4]The claimant was unfairly dismissed by the respondent but is not entitled to compensation therefor as:a. The claimant has been awarded a redundancy payment equivalent to the amount of the basic award.b. Given that the school closed there is a 100% chance that the claimant would have been dismissed in any event and any compensatory award would therefore fall to be reduced by 100%.[5]The respondent shall be at liberty to deduct from the above sums prior to making payment to the claimant such amounts of Income Tax and Employee National Insurance Contributions (if any) as it may be required by law to deduct from a payment of earnings of that amount made to the claimant, and if it does so, duly remits such sums so deducted to HM Revenue and Customs, and provides to the claimant written evidence of the fact and amount of such deductions and of the sums deducted having been remitted to HMRC, and payment of the balance to the claimant shall satisfy the requirements of this judgment. 10 March 2025[1]The respondent has unlawfully withheld wages and is ordered to pay the claimant the gross sum of Eight Hundred and Sixteen Pounds and Sixty Seven Pence (£816.67) (Calculated on the basis of £51,348÷12=£4279 - £3462.33 (Amount received from the Insolvency Service)).[2]The claimant was dismissed in breach of contract in respect of notice and the respondent is ordered to pay damages of 6 week’s pay to the claimant in the sum of Two Thousand Nine Hundred and Fifty Six Pounds and Sixty Seven Pence (£2956.67) (Calculated on the basis of 6 x £987.46=£5924.76-£2968.09 (Amount received from Insolvency Service)).[3]The claimant was dismissed by reason of redundancy and is entitled to a redundancy payment of One Thousand and Fifty Pounds (£1050) (Calculated on the basis of 7.5 weeks x £700=£5250-£4200 (Amount received from the Insolvency Service)).[4]The claimant was unfairly dismissed by the respondent but is not entitled to compensation therefor asa. She has been awarded a redundancy paymentb. Given that the school closed there is a 100% chance that she would have been dismissed in any event and any compensatory award is therefore reduced by 100%.[5]A Judgment for the Protective Award (APA) head of claim will be issued separately.[6]The respondent shall be at liberty to deduct from the above sums prior to making payment to the claimant such amounts of Income Tax and Employee National Insurance Contributions (if any) as it may be required by law to deduct from a payment of earnings of that amount made to the claimant, and if it does so, duly remits such sums so deducted to HM Revenue and Customs, and provides to the claimant written evidence of the fact and amount of such deductions and of the sums deducted having been remitted to HMRC, and payment of the balance to the claimant shall satisfy the requirements of this judgment. 10 March 2025REASONS
The Employment Judge has decided to issue a Judgment on the available material under Rule 22 of the Employment Tribunal Rules of Procedure on the following basis:[1]The claimants are entitled to bring this claim because the complaint concerns a failure relating to the election of employee representatives, and the claimants were employees dismissed as redundant. There was no recognised trade union involved.[2]No response was received from the Respondent.[3]The respondent is a charitable trust for whom a trustee in bankruptcy has been appointed in terms of the Bankruptcy Scotland Act 1985.[4]The respondent dismissed as redundant 20 or more employees at one establishment within a period of 90 days or less. The respondent failed to ensure that employee representatives were elected in accordance with s.188A, and then to consult with them in accordance with s.188. The dismissals took place on 10 September 2024. The complaint that the respondent failed to comply with a requirement of section 188 of the Trade Union and Labour Relations (Consolidation) Act 1992 is well founded.[5]The Tribunal makes a protective award in respect of the claimants as employees dismissed as redundant by the respondent at their site at Kilgraston School Trust, Bridge of Earn, Perth PH2 9BQ and the respondent is ordered to pay remuneration for the protected period. The protected period begins on 03 September 2024 and is for 90 days.