Case 4103305/2023 · Employment Tribunal
Ms Patricia Goodfellow v Represented by: Ms S Mechan - Solicitor Ms Joanne Wallace Second Claimant - as above Ms Elizabeth Arthur Third Claimant - as above Ms Lindsey Sheree Hayes Fourth Claimant - as above Ms Lisa Marie Harkins Fifth Claimant - as above Ms Fiona Shields Sixth Claimant - as above 4103305/2023 & others Page Café Su Ltd — 2023
- Case reference
- 4103305/2023
- Decision date
- 15 September 2023
- Jurisdiction
- Scotland
- Judge
- Employment Judge R King
Parties
2 namedClaimant
Ms Patricia Goodfellow
Key findings
Tribunal's reasoningThe respondent did not lodge a response, so the case was determined under Rule 21. Before the hearing, Ms Mechan applied to amend the claims to include compensation under section 38 of the Employment Act 2002 for failure to provide written particulars. The tribunal allowed the amendment because the issue had been foreshadowed in the ET1, the respondent had notice and did not oppose the amendment, and refusal would have caused more injustice to the claimants than to the respondent.
The tribunal found that Café Su Ltd told all six claimants on 8 February 2023 that its business was closing imminently, and that it then closed on 10 February 2023, which was the last day of employment for each claimant. It found that all six were dismissed by reason of redundancy and without notice, that none received redundancy pay or pay in lieu of notice at termination, and that none had ever been issued with written statements of employment particulars.