Ms N O’Toole v Clydeview Care Home Ltd — 2019

The claimant began work for Clydeview Care Home Ltd on 16 March 2015 as a staff nurse, working 24 hours a week at ?13 an hour. From 5 March 2018 she also worked additional hours as acting manager at ?20 an hour. She was on holiday from 26 March 2018. On 4 April 2018 the proprietor told her that the care home had closed and that she was dismissed because of that closure. The respondent did not lodge an ET3 or attend the hearing.

On the redundancy claim, the tribunal held that the dismissal was by reason of redundancy within s139(1)(a)(i) ERA 1996 because the employer had ceased to carry on the business in which the claimant was employed. It found that the claimant was 42 years old with 3 years' service, so she was entitled under s162 ERA 1996 to 3.5 weeks' pay. Using her gross weekly pay of ?312, the tribunal calculated a statutory redundancy payment of ?1,092.

The tribunal held that the unlawful deduction of wages claims and the breach of contract claim were presented out of time. It found that the relevant three-month limit expired on 3 July 2018, before the claimant contacted ACAS on 24 August 2018, so Early Conciliation could not extend time. The tribunal decided it was reasonably practicable for the claims to have been presented in time, because there was no evidence that the claimant was prevented from taking advice or lodging claims. It therefore declined to exercise its discretion under s23(4) ERA 1996 and the 1994 Order, and did not determine the substantive wage or notice issues.