(1) Mrs P Howard (2) Mrs S Allfree (3) Mrs K Walsh (4) Ms S Fenwick (5) Mrs J Fuller v Mrs S Stanley and 2 others — 2020

At a preliminary hearing on 18 October 2019, Employment Judge Smail dealt with claims arising from the closure of Hoppers nursery after the lease was terminated. The tribunal accepted that the nursery had to close for redundancy reasons and that the claimants were entitled to redundancy payments in fixed amounts: Mrs P Howard £2,593.11; Mrs S Allfree £3,051.06; Mrs K Walsh £799.20; Ms S Fenwick £229.86; and Mrs J Fuller £7,014.90.

The judgment recorded that only £2,668.52 remained in the nursery account, and the parties proceeded on the basis that the redundancy liabilities would be met by the insolvency service. The tribunal noted that Mrs Stanley had signed dismissal letters as chair of the nursery and appeared to have authority to sign the documentation required by the insolvency service, with access to the nursery bank account.

The issue of any personal liability of the committee members of the unincorporated association was not determined at this stage. The case was stayed for six months until 18 April 2020, with the claims to be dismissed as withdrawn unless restored earlier by a written request. The tribunal also noted that Emma Sparks had resigned from the committee before the redundancy notices were served and was not listed as a respondent for the time being.