Outcome
Individual claims
The claim is for notice pay. The tribunal found that although doubtful as to strength, the claim could not be struck out as there was a factual dispute about the employment relationship. The tribunal noted that People Plus paid redundancy after the employer's death and the mechanics of the relationship needed to be examined at a full hearing.
Facts
Three claimants worked as in-home carers for Julian Chambers for between 8 and 20 years. Mr Chambers was funded by South Glos Council for Independent Living and People Plus managed his HR/payroll duties and paid the claimants' salaries. Mr Chambers passed away on 28 October 2024. Following ACAS conciliation, redundancy payments were made in December 2024, but People Plus refused to pay notice pay. The respondent contended it was not the employer and that Julian Chambers was the employer.
Decision
The tribunal refused to strike out the claims. Although doubtful about the strength of the claims, the tribunal found it could not be satisfied there was no reasonable prospect of success without examining the precise mechanics of the relationship between People Plus, Mr Chambers and the claimants, particularly given that People Plus paid redundancy after Mr Chambers' death. The case was listed for a short three-hour video hearing.
Practical note
A strike-out application will fail where disputed facts about the employment relationship can only be resolved through hearing evidence, even where the claim appears weak on its face.
Legal authorities cited
Case details
- Case number
- 1400315/2025
- Decision date
- 10 September 2025
- Hearing type
- strike out
- Hearing days
- —
- Classification
- procedural
Respondent
- Name
- People Plus
- Sector
- professional services
- Represented
- No
Employment details
- Role
- in home care team
- Service
- 19 years
Claimant representation
- Represented
- No