Claimant v Gordon MacNeil Solicitor
Outcome
Individual claims
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.
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.
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.
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.
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
Award equivalent: 32.0 weeks' gross pay
Legal authorities cited
Statutes
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