Ms Raqyia Munir v Represented by: Ms R Mohammed - Solicitor Multicultural Elderly Care Centre — 2022

This was a no-response multiple claim. The tribunal accepted the claimants' uncontested witness evidence and the background evidence from Shahida Zafar, and treated the Care Inspectorate correspondence cancelling the respondent's registration as important evidence that the respondent's operational activity had ceased.

On redundancy and notice, the tribunal held that claimants 2, 4 and 10 were dismissed by reason of redundancy when the day care centre closed and did not reopen at the end of furlough on 30 September 2021. It rejected redundancy and statutory notice claims for the home-support workers because their work continued for the same service users, often after payment began to come directly from those service users. The tribunal considered TUPE Reg 3(3) and Johnson Controls Ltd v Campbell and anor EAT 0041/12, but found no relevant transfer because Shahida Zafar's coordinating role meant the activity was not simply the individual carers' tasks.

The tribunal awarded unpaid wages under section 13 ERA 1996 to claimants 1, 2, 3, 4, 8, 10, 11 and 12 for the periods proved, including furlough-rate arrears where applicable. It also awarded holiday pay to all 12 claimants for accrued but untaken leave. In doing so it applied the Working Time Regulations 1998 and limited holiday recovery to one leave year rather than two, rejecting a broader carry-over argument.

For the remaining heads, the tribunal made section 38 ERA 1996 awards of two weeks' pay each for failure to issue statements of particulars, and section 12(4) ERA 1996 awards, together with a declaration, for the payslip claims pursued by claimants 1 to 4. The total award was £41,783.52, and the respondent was permitted to deduct income tax and employee national insurance from sums other than the redundancy payments before remitting the balance.