Claimant v Ardmore Hotels & Commercial Limited
Outcome
Individual claims
The tribunal found the first respondent failed to give the claimant notice as required under the contract of employment. The claimant was awarded damages for breach of contract representing notice pay.
The tribunal found the complaint of unauthorised deductions from wages was not well-founded and dismissed this claim.
Facts
The claimant brought claims against two respondent companies for breach of contract, unauthorised deduction of wages, and related matters. The claim was presented outside the normal time limit. The claimant was employed by the first respondent but not the second respondent. The first respondent failed to provide contractual notice upon termination of employment.
Decision
The tribunal allowed the claim to proceed despite being out of time, finding it was not reasonably practicable to present earlier. The breach of contract claim against the first respondent succeeded and the claimant was awarded notice pay. The wages claim failed, and claims against the second respondent were dismissed for lack of jurisdiction as the claimant was not employed by that entity.
Practical note
Tribunals will allow out-of-time claims to proceed where it was not reasonably practicable to present in time, and employers must ensure correct notice pay is given even where employment status between group companies needs to be carefully determined.
Award breakdown
Case details
- Case number
- 6005621/2025
- Decision date
- 8 August 2025
- Hearing type
- full merits
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- hospitality
- Represented
- Yes
- Rep type
- in house
Claimant representation
- Represented
- No