Mrs D Barber First v Stoneleigh Dental Practice Ltd (in voluntary liquidation) Second Respondent: Anju Bhatia — 2024

Mrs Barber worked as a dental nurse for Stoneleigh Dental Practice Ltd from 11 September 2018. The tribunal found that the practice ceased trading after the landlord locked the premises around mid-July 2022, and that her employment terminated on 25 July 2022 when she was informed that the business had ceased trading and that she had been made redundant. The respondent's 25 July 2022 letter said the practice had closed permanently on 18 July 2022 and that her employment had ceased with immediate effect.

The tribunal held that this was a redundancy situation within s.135 ERA 1996. It also found that the Claimant's ET1, presented on 7 February 2023, was outside the initial six-month period in s.164 ERA 1996, but within the further six-month period. Time was extended because of the way the redundancy process had been handled, including the absence of information or consultation, the Claimant's attempts to engage with Mr Bhatia after closure, and the fact that she only obtained advice and support from ACAS later.

Using the Claimant's three years' service and gross weekly wage of £270, the tribunal calculated the statutory redundancy payment at £810 gross under s.162 ERA 1996. It ordered the First Respondent to pay that amount. The claim against the Second Respondent was dismissed, as she was not the Claimant's employer and the Claimant did not object to dismissal of the proceedings against her.