Armadilla Accomodation Ltd

Case Summary

The claimant, dismissed for redundancy with less than two years' service, claimed unfair dismissal, redundancy payment, protective award, and unlawful deduction of wages. The tribunal struck out the unfair dismissal, redundancy payment, and protective award claims as having no reasonable prospect of success due to lack of qualifying service and insufficient numbers of employees dismissed within the relevant 90-day period. The unlawful deduction claim proceeded to a full hearing.

The claimant lacked the two years' qualifying service required by section 108 of the Employment Rights Act 1996 for an unfair dismissal claim, and no exceptions applied. The protective award claim failed because fewer than 20 employees were dismissed within the 90-day period, falling outside the scope of sections 188 and 188A of the Trade Union and Labour Relations Consolidation Act 1992.

Use these claim-type pages to compare this decision with other published tribunal cases, outcome patterns, and visible award data.

• •Whether claimant had qualifying service for unfair dismissal claim
• •Whether claimant entitled to protective award under Trade Union and Labour Relations Consolidation Act 1992
• •Whether claimant entitled to redundancy payment
• •Whether unlawful deduction of wages claim in respect of pay rise and travelling time

EMPLOYMENT TRIBUNALS (SCOTLAND) Case No: 8002895/2025 Hearing held by CVP in Edinburgh on 9 March 2026 Employment Judge McFatridge Mr Gary Taylor Claimant In person Armadilla Accommodation Ltd Respondent Represented by: Mr McEntee, Solicitor JUDGMENT OF THE EMPLOYMENT TRIBUNAL 1. The claim of unfair dismissal is struck out in terms of Rule 38 of the Employment Tribunal Rules 2024 on the basis that it has no reasonable prospect of success. 2. The claim for a redundancy payment is struck out in terms of Rule 38 of the Employment Tribunal Rules 2024 on the basis that it has no reasonable prospect of success. 3. The claim for a protective award is struck out under Rule 38 of the Employment Tribunal Rules 2024 on the grounds that it has no reasonable prospect of success. 4. The remaining claim of unlawful deduction of wages shall proceed to a hearing on a date to be fixed. REASONS 1. The claimant submitted a claim to the Tribunal in which he claimed that he had been unfairly dismissed by the respondent and was due a redundancy payment. He claimed that he was due a protective award and that he was due a sum in respect of arrears of wages. The respondent submitted a response in which they denied the claims. They made the point that the claimant had less than two years’ qualifying service and that in any event the claimant had been dismissed by reason of redundancy and the dismissal was procedurally and substantively fair. It was their position that 8002895/2025 Page 2 three employees were dismissed by reason of redundancy in the 90 day period beginning with the claimant’s dismissal and that accordingly the claimant was not entitled to a protective award. They denied that any sums were due i…