Cases4101308/2025

Claimant v Gordon MacNeil Solicitor

13 November 2025Before Employment Judge A KempScotlandremote video

Outcome

Claimant succeeds£21,539

Individual claims

Unlawful Deduction from Wagessucceeded

The claimant was entitled to pay for the period 28 May to 5 June 2025 (9 days) totalling £865.39 and accrued holiday pay for 2 outstanding working days totalling £269.23. The respondent failed to pay these sums.

Breach of Contractsucceeded

The claimant was entitled to 12 weeks' notice but received none. After mitigation (new employment from 1 July 2025), the tribunal awarded damages for the loss sustained from 5 June to 1 July 2025, totalling 25 days at £2,403.85.

Redundancy Paysucceeded

The claimant was made redundant on 5 June 2025 by a judicial factor appointed to the respondent's business. She had never been paid statutory redundancy and was entitled to £14,807.76 based on her age, continuous service and pay.

Unfair Dismissalsucceeded

The respondent failed to warn or consult the claimant before making her redundant, rendering the dismissal procedurally unfair. As she obtained higher-paid employment shortly after, the only compensatory loss was for loss of statutory rights assessed at £500.

Othersucceeded

The respondent, a solicitor who ought to have known better, failed to provide the claimant with a written statement of particulars of employment as required by section 1 ERA 1996. The tribunal awarded the maximum of four weeks' pay (£2,692.32).

Facts

The claimant worked as a legal secretary for a sole practitioner solicitor for over 18 years from April 2007. On 5 June 2025, a judicial factor appointed to the respondent's business summarily dismissed her for redundancy without warning or consultation. She was not paid wages from 28 May onwards, received no notice pay, no redundancy payment, and had never been given written terms and conditions. She found new higher-paid employment from 1 July 2025.

Decision

The tribunal found the dismissal unfair due to lack of consultation and awarded compensation. The claimant succeeded on all claims: unpaid wages and holiday pay (£1,134.62), notice pay after mitigation (£2,403.85), statutory redundancy (£14,807.76), compensatory award for unfair dismissal (£500 for loss of statutory rights only), and the maximum award for failure to provide written particulars (£2,692.32), totalling £21,539.15.

Practical note

Employers, particularly professional practitioners who should know better, must provide written terms, follow proper redundancy procedures with consultation, and pay all statutory entitlements; failure to do so will result in significant cumulative awards even where post-termination losses are mitigated.

Award breakdown

Compensatory award£500
Notice pay£2,404
Holiday pay£269
Arrears of pay£865
Redundancy pay£14,808
Unpaid wages£865
Loss of statutory rights£500

Award equivalent: 32.0 weeks' gross pay

Legal authorities cited

Statutes

Employment Rights Act 1996 s.136Employment Rights Act 1996 s.162Employment Rights Act 1996 s.86Employment Rights Act 1996 s.94Employment Rights Act 1996 s.13Employment Rights Act 1996 s.123Employment Rights Act 1996 s.1Employment Act 2002 s.38Employment Tribunals (Interest) Order 1990Employment Rights Act 1996 s.119

Case details

Case number
4101308/2025
Decision date
13 November 2025
Hearing type
remedy
Hearing days
1
Classification
contested

Respondent

Sector
legal services
Represented
No

Employment details

Role
Legal Secretary
Salary band
£30,000–£40,000
Service
18 years

Claimant representation

Represented
No