Ms N Stott First v Second Respondent: Third Respondent: Ukrainian Social Club Dnipro Ms L Edgworth Mr J Pilipczuk — 2025

The Claimant, Ms N Stott, was employed as bar staff at the Ukrainian Social Club Dnipro (the First Respondent) from 22 July 2001 until her dismissal on 28 August 2023 by reason of redundancy, the Club being unable to continue operating. Her complaints for notice pay, holiday pay and a statutory redundancy payment were presented out of time, but the Tribunal found it had not been reasonably practicable for her to present the notice pay and holiday pay complaints in time (as she had been told to claim from the Insolvency Service and reasonably believed she could not claim from the Club), and that the complaints were presented within a further reasonable period. In respect of the redundancy payment, the Tribunal found it just and equitable for the claim to proceed within the further six-month period.

The Tribunal held that the First Respondent is an unincorporated association with no legal identity and therefore dismissed all complaints against it; the Second and Third Respondents, as members including Committee Members, were held jointly and severally liable for the First Respondent's debts and obligations. The Claimant was entitled to 12 weeks' notice but received only 6 days, so damages for breach of contract of £4,312 (calculated on gross pay to reflect Post Employment Notice Pay tax treatment) were awarded. The holiday pay claim, framed under s.13 ERA 1996, succeeded in respect of 77 hours of accrued but untaken holiday, producing an award of £801.57.

The parties agreed the Claimant had been dismissed by reason of redundancy. Applying s.162 ERA 1996, the Tribunal awarded a statutory redundancy payment of £10,780, calculated as 4 years' service under age 41 at £1,540 plus 16 years aged 41 or over at £9,240, payable by the Second and Third Respondents jointly and severally.