Kausar Sadiq and 20 others v Sivanta Care Ltd (in voluntary liquidation); and 1 other — 2020

The tribunal struck out the claims against Mr Patel after finding that he was not the employer of the claimants. The First Claimant accepted that Sivanta Care Ltd was the employer, there was no allegation that the employer was a sham, and the tribunal concluded that it had no jurisdiction to hear claims against the Second Respondent.

The tribunal found the effective date of termination for all claimants was 13 March 2020. It accepted the First Claimant's evidence on the notice periods due to each claimant, including the individual periods recorded in the judgment, and found that the claimants were dismissed abruptly without notice or with less notice than they were entitled to receive.

On that basis, the tribunal held that the First Respondent was in breach of contract by dismissing the claimants without the notice due and that the notice pay claim succeeded. It also found that the claimants were not paid redundancy pay.

The tribunal further found that the final paycheque and accrued holiday pay had not been paid, so the claims for unauthorised deductions from wages were well-founded. It also found that the claimants did not receive written particulars of employment, and recorded that the respondents had actual knowledge of the obligation but did not provide them. Remedies were left to a later hearing.