Rose Villa Staff and Others v Rose Villa Care Ltd (In Creditors Voluntary Liquidation) and Secretary of State for Business and Trade: 1400323/2025
JUDGMENT
The judgment of the Tribunal is as follows: Unfair dismissal[1]The complaint by each Claimant of unfair dismissal was withdrawn and is dismissed. Holiday pay and arrears of pay[2]The complaints by each Claimant in respect of holiday pay and arrears of pay were withdrawn and are dismissed. Notice pay[3]The complaints by Edina Chikaka, Amelia D'Arcy, Aysha Osman and Freya Robinson in respect of notice pay are not well-founded and are dismissed.[4]The complaint by each of the other Claimants in respect of notice pay was withdrawn and is dismissed. Case Number: 1400323/2025 2 Redundancy Payment[5]The complaints by Nnaekezie Amoliofo, Hayley Barrett, Matthew Flecknor, Lina Garcias, Rebecca Pike, Hugo Rutter, Amasha Tissera and Mark Warner in respect of failure to pay a redundancy payment are not well-founded and are dismissed.[6]The complaint by each of the other Claimants of failure to pay a redundancy payment is withdrawn and is dismissed. Protective Award[7]Save in respect of the first Claimant (Rose Villa Staff), the Claimants’ complaints under section 189 of the Trade Union and Labour Relations (Consolidation) Act 1992 of a failure by the Respondent to comply with the requirements of section 188 of the 1992 Act are well-founded.[8]By way of protective award under section 189(3) of the 1992 Act, the First Respondent shall pay to the Claimants listed in the table below remuneration for the period of 90 days beginning on 14 February 2025. Number First name Last name Adekola Adeyemo Nnaekezie Amoliofo Lisa Ashforth Summer Atkins Hayley Barrett Melissa Bullmore Edina Chikaka Natalie Cross[9]Amelia D’Arcy[10]Matthew Flecknor[11]Lina Garcia[12]Lynn Gunn[13]Maureen Mullhaney[14]Susan Newman[15]Georgina O’Donoghue[16]Aysha Osman[17]Rebecca Pike[18]Samantha Presland[19]Ann Roberts[20]Freya Robinson[21]Sarah Rogers Case Number: 1400323/2025 3[22]Emma Rutter[23]Hugo Rutter[24]Amanda Stephenson[25]Amasha Tissera[26]Priya Tissera[27]Emily Upward[28]Mark Warner 9. The Employment Protection (Recoupment of Benefits) Regulations 1996 apply.