Mrs J Wallace v Whisky Merchants Trading Ltd (in Administration): 8001355/2025

EMPLOYMENT TRIBUNALS (SCOTLAND)

Case No 8001355/2025

Between

Mrs J WallaceClaimant

Whisky Merchants Trading Ltd (in Administration)Respondent

Before

Employment Judge F Eccles

Date 25 November 2025

JUDGMENT

The judgment of the Employment Tribunal is that(i) the claim of unfair dismissal, having been withdrawn, is dismissed;

(ii) the claim for a redundancy payment, having been withdrawn, is dismissed;

(iii) the respondent shall pay to the claimant (a) outstanding wages of £2,405, (b) outstanding holiday pay of £2,064.72 and (c) outstanding notice pay of £5,281. Consideration of the complaints of sex discrimination (harassment) and victimisation are continued.

REASONS

[1]The claim was presented on 28 May 2025. The claimant complained of unfair dismissal and sought to recover a redundancy payment, notice pay and outstanding holiday pay. By the time of service of the claim, the respondent was in administration. The Administrator confirmed in writing on 30 July 2025 that they did not object to the claim proceeding. The Tribunal has proceeded on the basis that the necessary consent for the claim to continue has been obtained. The claim was not defended.

[2]In response to correspondence from the Tribunal, the claimant confirmed that she did not intend to pursue her claim of unfair dismissal or for a redundancy payment on the basis that she did not have qualifying service. The claimant confirmed that she wished to pursue a claim under the Equality Act 2010 referring to verbal abuse from a director of the respondent which she claimed amounted to harassment and when she complained about the above behaviour, of victimisation by the respondent The claimant seeks an award of compensation for personal injury. The claimant also confirmed that she was seeking a protective award.

[3]The claimant’s application to amend her claim was copied to the Administrator on 11 September 2025. The Administrator confirmed on 18 September 2025 that they had no comments to make in relation to the amendment.

[4]It was considered appropriate to list the claim for a hearing. At the hearing, which was held by CVP, the claimant represented herself. The Administrator did not attend and was not represented. The claimant provided the Tribunal with documents and witness statements from former colleagues in support of her claim. From the evidence of the claimant and the documents made available to it, the Tribunal was satisfied that the claimant was employed by the respondent from 4 May 2024 to 30 April 2025 when she resigned as Group Financial Controller. The claimant’s salary was £72,000 per annum with normal take home pay of £3,9000 per month. The claimant ‘s work was based in Glasgow. Her annual leave was 35 days. Her contractual notice was one month. Following payments from the Insolvency Service, the outstanding sums due to the claimant are as follows; outstanding pay - £2,405 (£6,000 less £3,595 paid by the Insolvency Service), accrued holiday pay - £2,064.72 (£4,098.46 less £2,033.74 paid by the Insolvency Service) and outstanding contractual notice pay - £5,281 (£6,000 less £719 paid by the Insolvency Service).

[5]The number of employees of the respondent was around 26 - 3 in Glasgow, 6 in Edinburgh and 17 in Barcelona. In relation to her application to amend the claim to add payment of a protective award, the Tribunal was not persuaded that the claimant would be able to show that the respondent dismissed as redundant 20 or more employees at the same establishment. The Tribunal was not persuaded that in all the circumstances it was in accordance with the overriding objective to grant the application to amend the claim to add a complaint for a protective award.

[6]As regards amending the claim to add complaints under the Equality Act 2010, in her ET1, the claimant referred to being verbally abused by a director of the respondent “on multiple occasions in front of many staff”, conduct which she described as “events of traumatic stress”. The claimant referred to compensation for “levels of stress and humiliation” and for which she seeks compensation for personal injury. The Tribunal was persuaded that the claim should be amended to include complaints under the Equality Act 2010 of harassment and victimisation. The claimant refers to the conduct which she claims amount to discrimination in her ET1. The respondent has not objected to the application to amend.

[7]It is however considered appropriate that the amended claim is served on the Administrator to allow them the opportunity to intimate the proceedings to the respondent’s employer’s liability insurers if considered appropriate. Consideration of the above complaints has therefore been continued.