Mrs L Hudson Mrs A Langley Mrs D Barber v Stoneleigh Dental Practice Ltd (in voluntary liquidation) — 2023

The respondent was a dental practice that had ceased trading and entered voluntary liquidation. Mrs Hudson and Mrs Langley were employed respectively as a head dental nurse and a dental practice manager. The tribunal found that both claimants were dismissed on 25 July 2022 when they were informed that the business had ceased trading and that neither had been given notice. Mrs Barber's claim was adjourned and relisted because she did not attend the hearing.

On redundancy, the tribunal found there was a redundancy situation and accepted the respondent's letter of 25 July 2022 stating that the business had closed permanently. Mrs Hudson's redundancy payment claim was in time or, if not, time should be extended on a just and equitable basis because she had pursued the matter with Mr Bhatia, had been assured payment would be made, and filed her ET1 once it became clear that payment was unlikely. Mrs Langley's redundancy claim was also allowed out of time on the same basis, the tribunal noting that her ET1 was filed 13 days after the initial six-month period but within the further six months allowed by section 164 ERA 1996.

The tribunal awarded Mrs Hudson £5,382 for redundancy payment, calculated as 12 years' service at £299 per week with the 1.5 multiplier. It awarded Mrs Langley £15,460.50, calculated on the capped 20 years of service at £515.35 per week with the same multiplier. For notice pay and holiday pay, the tribunal held the claims were out of time under article 7 of the Employment Tribunal Extension of Jurisdiction Order 1994 and regulation 30 of the Working Time Regulations 1998, but extended time because it was not reasonably practicable for either claimant to bring the claims within time given the way the redundancies were handled and the assurances that payment would be made.

Mrs Hudson was awarded £3,588 for notice pay, being 12 weeks at £299 per week, and £225.93 for two days of accrued but untaken holiday. Mrs Langley was awarded £6,184.20 for notice pay, being 12 weeks at £515.35 per week, and £439.04 for 3.5 days of accrued but untaken holiday. The tribunal recorded the holiday sums as subject to statutory deductions. The combined monetary awards in the judgment total £31,279.67.