Claimant v African Caribbean Day Nursery
Outcome
Individual claims
The tribunal confirmed that the first respondent was liable to pay redundancy payments to all three claimants following their redundancy on 2 April 2024 when the company was dissolved. The claimants had taken all reasonable steps to recover payment other than legal proceedings and were properly directed to the Redundancy Payment Scheme by the respondent.
Facts
Three claimants worked for a children's nursery operated by the first respondent. The company was struck off the register on 26 March 2024 and dissolved on 2 April 2024, but the claimants were not informed and continued working until 13 June 2024. On 13 June 2024 they were told they were redundant and directed to the Redundancy Payment Scheme. They applied to the scheme and made a reference to the tribunal under s.170 ERA 1996 for confirmation of their entitlement.
Decision
The tribunal confirmed that the first respondent was liable to pay redundancy payments to all three claimants totalling £17,989.48 in aggregate. The tribunal accepted the claimants had taken all reasonable steps to recover payment and calculated awards based on redundancy letters issued by the respondent, treating 2 April 2024 as the redundancy date since the company could not lawfully trade after dissolution.
Practical note
Where a company is dissolved but continues trading and then makes employees redundant, the redundancy date for statutory purposes is the date of dissolution, not the date employees were informed or stopped working.
Award breakdown
Legal authorities cited
Statutes
Case details
- Case number
- 3306665/2024
- Decision date
- 6 November 2025
- Hearing type
- full merits
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- education
- Represented
- No
Employment details
- Role
- nursery worker
Claimant representation
- Represented
- No