Claimant v Bathgate Massage Clinic
Outcome
Individual claims
The tribunal found the claimant was summarily dismissed for reason of redundancy on 2 September 2024. As at that date, the claimant was 49 years of age with 4 complete years of service and had an entitlement in law to receive a statutory redundancy payment under section 135 of the Employment Rights Act 1996. He took all reasonable steps to recover it from Chamblah Ltd which refused or failed to make payment.
Chamblah Ltd failed to pay the claimant his wages for the month of August 2024 and for 1-2 September 2024. The tribunal found this constituted an unauthorised deduction from wages contrary to section 13 of the Employment Rights Act 1996, and the claimant was entitled to receive payment equivalent to the unauthorised deduction.
As at the date of dismissal, the claimant had accrued a proportionate but untaken paid annual leave entitlement of 12.25 days, for which he was entitled in law to be compensated by Chamblah Ltd. The holiday year ran from 1 January to 31 December and the claimant was dismissed on 2 September 2024.
Facts
Mr Patrick was employed as a Sports Therapist by Chamblah Ltd trading as Bathgate Massage Clinic from 19 September 2019 to 2 September 2024, working 26 hours per week at £15 per hour. He was summarily dismissed by email on 2 September 2024 for reason of redundancy. The employer ceased trading on 31 August 2024 and failed to pay his August wages, September wages, statutory redundancy payment, or accrued holiday pay. Chamblah Ltd was struck off the Register of Companies by HMRC on 19 November 2024 for non-payment of VAT before insolvency proceedings could be completed.
Decision
The tribunal found the claimant succeeded in his claims for statutory redundancy pay, unlawful deduction of wages (August and September 2024), and 12.25 days accrued holiday pay. However, because Chamblah Ltd was dissolved on 19 November 2024, the tribunal has no jurisdiction to enter judgment against it unless it is restored to the Register. The case was sisted for 6 months to allow restoration and for the Secretary of State to reconsider the claims.
Practical note
A tribunal cannot enter judgment against a dissolved company; claims must be stayed to allow either restoration to the Companies Register or reconsideration by the Secretary of State under insolvency provisions, even where liability is established.
Legal authorities cited
Statutes
Case details
- Case number
- 8000252/2025
- Decision date
- 18 August 2025
- Hearing type
- full merits
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- healthcare
- Represented
- No
Employment details
- Role
- Sports Therapist
- Salary band
- £20,000–£25,000
- Service
- 5 years
Claimant representation
- Represented
- No