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Mrs J F MacDonald v Careplus

8000648/2024

Decision date
28 Aug 2024
Published
19 Sep 2024
Country
Scotland
Source
GOV.UK
Breach of Contract Redundancy Unfair Dismissal

Judgment PDF (4 pages · 16 chunks)

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EMPLOYMENT TRIBUNALS (SCOTLAND) Case No: 8000648/2024 5 Held in Glasgow via Cloud Video Platform (CVP) on 26 August 2024 Employment Judge McCluskey Mrs J F MacDonald Claimant 10 In Person 15 Careplus Respondent Represented by: Ms A Wright - Consultant 20
JUDGMENT OF THE EMPLOYMENT TRIBUNAL The judgment of the Tribunal is that:
1. The claimant’sapplicationto amend her claim to include a complaintof breach of contract (notice pay) is allowed. Case management orders will be issued 25 separately in relation to this complaint, which will proceed to a final hearing on a date to be notified to parties.
2. The claimant does not have the necessary length of continuous service to insist upon a complaint of ordinary unfair dismissal and her dismissal does not fall within any of the automatic unfair dismissal exceptions. The complaint 30 of unfair dismissal is therefore dismissed because the Tribunal does not have jurisdiction to determine it.
3. The claimant does not have the necessary length of continuous service to insist upon a complaint for payment of a statutory redundancy payment. The complaint for payment of a statutory redundancy payment is therefore 35 dismissed because the Tribunal does not have jurisdiction to determine it. 8000648/2024 Page 2

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