Mrs L Longbottom v Thornhill Lees Community Association Limited — 2020

Mr C Longbottom and Mrs L Longbottom were employed by Thornhill Lees Community Association Limited until 18 October 2018. They sought notice pay, holiday pay and redundancy payments. The tribunal heard evidence from both claimants and from Kamran Asif and Gulfam Asif, and preferred Kamran's evidence where there was conflict.

On the evidence, Kamran Asif, who was the sole trustee at the relevant time, did not have any redundancy discussions with the claimants and took no steps to make them redundant or dismiss them. The tribunal found that on or about 15 October 2018 Mrs Longbottom told Kamran that the association had run out of money and that the claimants were leaving on 18 October 2018. It did not accept the claimants' account that Kamran agreed redundancies or authorised dismissal letters, and it found that he had no knowledge of the alleged letters or dismissal until after the 30 November 2018 letter.

The notice pay and holiday pay claims were dismissed as out of time. The tribunal held that it was reasonably practicable to present them in time, noting that Mrs Longbottom had spoken to ACAS in November 2018 and again in January 2019 and had also corresponded with the respondent, so her stress and anxiety did not prevent action being taken. Time was therefore not extended for either claim.

The redundancy payment claim was dismissed on the merits. The tribunal found that no redundancy process had been initiated, no redundancy letters were authorised or signed by Kamran, and the claimants were not dismissed for redundancy or otherwise. Although their roles were later absorbed by trustees, that did not alter the tribunal's finding that the claim for redundancy payments failed.