Claimant v Ditto Payroll (in creditors voluntary liquidation) and others — 2023

The tribunal heard claims from Ms M Eaton and Mr P Slater arising from work at the Cheltenham Regency Hotel. It found that a number of entities had been used in relation to payroll and documentation, but that the Fifth Respondent was the claimants' effective, de facto employer when their employments ended. That conclusion was based on evidence that he had been paying both claimants in the months before termination, giving directions on site, and no formal written clarification of a different employer had ever been provided.

As to Ms Eaton, the tribunal upheld her unlawful deductions from wages claim and awarded £11,474.23. It also upheld her unfair dismissal complaint but limited compensation to a basic award of £3,436.02 only, with no compensatory award. Her holiday pay claim succeeded in the sum of £1,718.01. Her breach of contract claim for notice pay was dismissed because she had not given notice.

As to Mr Slater, the tribunal found that his dismissal was by reason of redundancy and awarded a redundancy payment of £3,150. It also upheld his breach of contract claim for notice pay, awarding £1,848 net, and his holiday pay claim, awarding £1,400. His unfair dismissal complaint was withdrawn before the final hearing. The claims against the Sixth, Seventh, Eighth, Tenth and Eleventh Respondents were withdrawn, and the remaining claims against the other respondents were dismissed.