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4100960/2025Claimant Successful

Whisky Merchants Trading Ltd (in Administration)

4 October 2025ScotlandJones
GOV.UK

Case Summary

The claimant succeeded in unfair dismissal and failure to pay notice pay. Compensation awarded includes loss of earnings and statutory rights.

Key Issues

  • Unfair Dismissal
  • Failure to Pay Notice Pay

Claim Types

Cited Laws and Legal Issues

Employment Rights Act 1996 unfair dismissalEmployment Rights Act 1996

The claimant succeeded in unfair dismissal and failure to pay notice pay. Compensation awarded inc

Working Time Regulations 1998Working Time Regulations 1998

er on termination of her employment, outstanding holiday pay, statutory notice pay and a statutory redundancy paymen

Decision Text

ETZ4(WR) EMPLOYMENT TRIBUNALS (SCOTLAND) Case No: 4100960/2025 Final hearing held on Cloud Video Platform on 23 September 2025 Employment Judge A Jones Mrs L Duguid Claimant In Person Whisky Merchants Trading Ltd Respondent (in Administration) No appearance JUDGMENT OF THE EMPLOYMENT TRIBUNAL 1. The respondent unfairly dismissed the claimant and breached her contract of employment by failing to pay her the notice pay to which she was entitled. 2. The respondent is ordered to pay to the claimant the sum of £749.94 being one week’s gross notice pay, compensation for loss of earnings of £16,035.54 net and compensation for loss of statutory rights of £500. 3. Recoupment provisions apply to the compensation for loss of earnings awarded to the claimant. The prescribed period is 30 April 2025 to 29 September 2025 and the prescribed element of compensation subject to recoupment is the sum of £12,751.62. The balance is £3,283.92 net. Reasons 1. The claimant lodged a claim in respect of unfair dismissal, failure to pay notice pay and various other payments. 2. The respondent is now in administration and did not lodge a defence to the claim. The administrators appointed on behalf of the respondent gave consent for the proceedings against the respondent to continue. 4100960/25 Page 2 3. Following a claim made to the Insolvency Service, the claimant has now received the pay which was due to her on termination of her employment, outstanding holiday pay, statutory notice pay and a statutory redundancy payment. 4. The claimant’s contract of employment provided that she was entitled to one month’s notice. She received three weeks' notice pay from the Insolvency Service and therefore the respondent is in breach of the claimant’s contract of employment in that she is still due ...

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Employer

Respondent

Whisky Merchants Trading Ltd (in Administration)

Employer page →View all cases →

Case Details

Case Number
4100960/2025
Decision Date
04/10/2025
Published
22/12/2025
Jurisdiction
Scotland
Judge
Jones