Miss S James and Others v Mrs L J Hart and Others: 1401103/2024 and Others
JUDGMENT
UPON reading the papers and the claimants’ witness statements AND UPON hearing from the claimants in person FURTHER UPON: the claimants confirming that(a) they were not making any claim in relation to period from 23 December 2023 to 31 March 2024 and(b) they accepted the figures and calculations in the Case Management Order of Judge Youngs on 24 June 2025 for their claims AND FURTHER UPON the Second Respondent entering Creditors’ Voluntary Liquidation on 22 December 2023 The Judgment of the Tribunal is:[1]The claimants were employed by the Second Respondent until 22 December 2023 when their employment was terminated by reason of redundancy. Their employment did not transfer to the Third Respondent as a consequence of Regulation 8(7) TUPE 2006.[2]The claims for unpaid redundancy pay and notice pay against the Second Case Nos: 1401103/2024 1401104/2024 1401105/2024 1401106/2024 Respondent are well-founded.[3]The claims against the First and Third Respondents are not well founded dismissed.[4]The claims for redundancy pay were presented within the time limit in section 164(1) ERA 1996.[5]The claims for notice pay were presented out of time but it was not reasonably practicable for the claimants to have presented them in time and they were presented within a reasonable period thereafter, the Second Respondent having failed to notify the claimants’ of their dismissal, and having permitted them to continue to work and their salaries having been paid by the Third Respondent after 22 December 2023 until 31 March 2024. when the First Respondent notified them of their dismissal.[6]The Second Respondent is Ordered to pay the following sums to the Claimants: Claimant Notice Pay Redundancy Pay Miss S James £1196.25 £1794.38 Miss D Hollins £892.80 £1339.20 Mr G Ricketts £1011.96 £1517.94 Miss N Watkins £984.93 £984.93 Approved by