Mr Lee Harris, Mrs E Mann and Mrs J Merritt v Provence Leisure Limited and 5 others — 2022

The tribunal joined the three claims because they arose out of the same facts and law. The case concerned the closure of The Shelleys hotel in Lewes and a dispute about which of several companies, and whether Mr N van Hoogstraten personally, was the employer. A prior default judgment in Mr Harris's favour was set aside. None of the respondents attended the final hearing.

After considering the documents, Companies House material and oral evidence, the tribunal found that the written records did not consistently identify a single employer and did not reflect the true intentions of the parties. It found Provence Leisure Limited was used for payroll administration only, Messina Properties Limited owned the hotel but was not involved in running it, Arco Hotels Limited administered wages and third-party BACS payments but was not the employer, and Mr R Hamilton's role was limited to maintenance. The claims against those respondents were dismissed.

The tribunal found that Mr N van Hoogstraten, acting in a personal capacity and/or trading as The Shelleys, was the most likely employer, and that Richmont Hotels Limited was also a party to the employment contract jointly and severally with him. In reaching that view it relied on the claimants' evidence about day-to-day control, the use of different company names across contracts and payroll documents, and the absence of any pleaded defence or hearing attendance from the respondents. It found the claimants were dismissed by reason of redundancy due to the hotel closure, with an effective date of termination of 10 October 2021.

Mr Harris succeeded on statutory redundancy pay, outstanding 8 weeks' notice pay and 15 days' accrued holiday pay. The tribunal awarded him £6,600 gross, £2,562.08 net and £960.78 net respectively. Ms Mann succeeded on the same three heads of claim and was awarded £2,284.65 gross, £3,197.60 net and £1,199.10 net. Ms Merritt also succeeded on the same three heads of claim and was awarded £9,679.20 gross, £2,451.92 net and £919.50 net.