Ms N Morgan v RT Nitro Solutions Limited — 2023

Ms N Morgan started work for RT Nitro Solutions Ltd on 8 March 2021. The tribunal found that her effective date of termination was 13 March 2023, when she first received an email saying that her employment had ended, and that she therefore had more than two years' continuous service. It found that RT Nitro Solutions Ltd had ceased trading in late February 2023 and that the dismissal was caused by cessation of that business, so the dismissal was a redundancy dismissal and no procedure had been followed.

The claims nevertheless failed against the named respondents because the tribunal found that RT Nitro Solutions Ltd had been dissolved and removed from the register on 30 May 2023, that Racetrack Pitstop was only a brand name owned by GHSL Limited, and that there was no evidence of a TUPE transfer from RT Nitro Solutions Ltd to GHSL Limited or that the claimant had been employed by GHSL Limited at the effective date of termination. On that basis the claims against the first and third respondents were dismissed, the claims against the second respondent were dismissed, and all claims against all respondents were dismissed.

For completeness, the tribunal recorded that, had there been a viable respondent, the claimant would have had a meritorious unfair dismissal claim, would have been entitled to statutory redundancy pay, two weeks' notice pay, and 2.6 days' pay for accrued untaken holiday, and would have been entitled to a basic award and compensation for unfair dismissal. The judgment did not quantify any monetary award because no respondent was found liable.