S Bakari and Others v African Caribbean Day Nursery and Secretary of State for Business and Trade: 3306665/2024 and Others

EMPLOYMENT TRIBUNALS

Case No 3306665/2024, 3306666/2024, 3306667/2024, 330666/2024

Between

S Bakari and OthersClaimant

African Caribbean Day Nursery and Secretary of State for Business and TradeRespondent

Before

Employment Judge W Anderson

In person for claimant

Not represented for respondent

Date 6 November 2025

REASONS

[1]The claimants were employed by the first respondent in a children’s nursery. On 26 March 2024 the first respondent was struck off the Companies House register and on 2 April 2024 it was dissolved. Despite this the claimants were not advised of these matters and continued to work for the first respondent (and were paid) up until 13 June 2024.

[2]On 13 June 2024 all three claimants were advised that their employment had been terminated by way of redundancy. They were each issued with a letter confirming this and that they could only receive a redundancy payment by way of the Redundancy Payment Scheme as the company had been Case Number: 3306665/2024, 3306666/2024, 3306667/2024 dissolved. Each of the letters set out the length of service of the claimants and their monthly wage.

[3]The claimants made an application to the Redundancy Payment Scheme and have made a reference to the tribunal in accordance with s170 Employment Rights Act 1996 for confirmation that they are entitled to redundancy payments and the amounts payable.

[4]The second respondent was joined to the proceedings and filed a response on 3 March 2025. Within that response it noted that the first respondent was not insolvent and that it was dissolved on 2 April 2024. It queried who was the employer from 2 April 2024 to 13 June 2024. Decision and Reasons

[5]It is clear from the letters issued by the first respondent to the claimants on 13 June 2024 that the first respondent is liable to pay the claimants an employer’s payment, which is a redundancy payment in accordance with s166(1)(a) and (2)(a) Employment Rights Act 1996.

[6]I accept that where the first respondent is dissolved, and the claimants were unequivocally directed to the Redundancy Payment Scheme by the first respondent, that the claimants have taken all reasonable steps to recover the payment, other than legal proceedings.

[7]I have calculated the payments due using the information provided on the redundancy letters which were issued to each claimant, as follows: i. S Bakari (3306665/2024) - £1304.16 ii. M Ritchie (330666/2024) - £5175.60 iii. B Jennings (3306667/2024) - £11, 509.72

[8]Although the letters gave a different redundancy date for one claimant, and the claimants all confirmed that they had worked until 13 June 2024, and had been paid for that work, I have taken the redundancy date to be 2 April 2024. This is because the first respondent cannot have lawfully traded after 2 April 2024. Approved by: