Ms K. Foster v Llanrhaeadr Springs Ltd in receivership — 2019

The tribunal, sitting before Employment Judge T. Vincent Ryan on 16 October 2019, recorded that the judgment was given on the understanding that the receiver manager was engaged only in respect of an asset, a freehold property, and not the business that employed the claimant. On that basis, it found that Ms K. Foster had been dismissed by Llanrhaeadr Springs Ltd in receivership on 2 September 2018 by reason of redundancy and was entitled to a redundancy payment of £768.92.

The tribunal also found that the respondent breached the claimant’s contract of employment in relation to notice of termination. It held that the respondent gave one week’s notice when three weeks’ notice was due, and awarded the outstanding balance of pay for the notice period, calculated as three weeks’ gross pay at £384.46 per week, totalling £1,153.38.

In addition, the tribunal found that holiday pay remained due on termination of employment and ordered payment of £314.88, subject to appropriate statutory deductions. It also found unauthorised deductions from wages in the sum of £1,046.45 and ordered payment of that sum, likewise subject to appropriate statutory deductions.

The tribunal stated that the total gross sum due from the respondent to the claimant, subject to appropriate statutory deductions where applicable for the holiday pay and wage deduction elements, was £3,283.63. The written record notes that reasons had been given orally at the hearing and that written reasons would not be provided unless requested, and no such request was made.