Mrs J Thompson v Mereworth Pre-School Playgroup CIO — 2023

This was a consent judgment in a redundancy pay dispute. The claimant, Mrs J Thompson, and the respondent, Mereworth Pre-School Playgroup CIO, agreed that the claimant was owed £1,215.08, being the shortfall in her redundancy payment following the termination of her employment on 9 September 2022. The tribunal recorded that agreement and did not hear evidence on the issue.

The reasons note that the hearing took place at short notice and that the tribunal only had the claim form and response form before it. The respondent was said to be in the process of winding up because of a lack of funds, and Mrs Knox explained that the respondent’s funds had been divided among seven former staff members, leaving a shortfall in each payment.

The tribunal also recorded that the claimant had applied to the Insolvency Service and had been told that payment from the statutory fund could only be made if the Employment Tribunal recorded that the respondent had accepted liability. The respondent did accept liability for the £1,215.08 shortfall. The tribunal further noted that if the National Insurance Fund could not act on the consent judgment alone, the claimant could apply to add the Secretary of State as a party and, if necessary, provide documentary evidence of her redundancy payment calculations.