Claimant v Ukrainian Social Club Dnipro
Outcome
Individual claims
Claimant was entitled to 12 weeks' notice but given only 6 days. Tribunal awarded damages for 11 weeks and 1 day unpaid notice calculated at gross pay of £4,312 as it would likely be taxed as Post Employment Notice Pay.
Claimant was entitled to payment for 77 hours of accrued but untaken holiday on termination. Employer failed to pay this and did not have statutory authority, contractual provision, or claimant's written consent to make the deduction. Tribunal awarded £801.57.
Parties agreed claimant was dismissed by reason of redundancy due to the Club's financial and operational difficulties. Claimant had 22 years' service and was 57 at termination, entitling her to statutory redundancy payment of £10,780.
Facts
Claimant worked as bar staff at Ukrainian Social Club Dnipro for 22 years from 2001 to August 2023. The First Respondent was an unincorporated association. After the Chairman/Treasurer died in 2021, only two Committee Members remained (the Second and Third Respondents). The Club became financially unviable and dismissed the Claimant in August 2023, advising her to claim termination payments from the Insolvency Service. The Insolvency Service rejected her claim in June 2024, whereupon she immediately filed an ET claim.
Decision
Tribunal found the unincorporated association had no legal identity, so all claims against it were dismissed. The Second and Third Respondents were the Claimant's employers and jointly and severally liable. Claims were out of time but tribunal extended time limits as not reasonably practicable to claim earlier given claimant was told to claim via Insolvency Service. Claimant succeeded on all three claims: notice pay (£4,312), holiday pay (£801.57), and redundancy pay (£10,780).
Practical note
Members of unincorporated associations remain personally liable as employers even when they consider themselves to be volunteers, and time limits may be extended where claimants reasonably rely on incorrect advice about claiming via the Insolvency Service.
Award breakdown
Award equivalent: 41.3 weeks' gross pay
Legal authorities cited
Statutes
Case details
- Case number
- 1401377/2024
- Decision date
- 9 May 2025
- Hearing type
- full merits
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- hospitality
- Represented
- Yes
- Rep type
- lay rep
Employment details
- Role
- bar staff
- Salary band
- £20,000–£25,000
- Service
- 22 years
Claimant representation
- Represented
- No