Claimant v Katie Smith t/a St. Peter's Playgroup
Outcome
Individual claims
All five claimants succeeded in their wrongful dismissal claims. The tribunal found that each was dismissed without proper notice, awarding damages calculated on gross pay to reflect tax treatment as post-employment notice pay.
All five claimants succeeded in their holiday pay claims for accrued but unpaid holiday at termination. The respondent had made unauthorised deductions from wages in respect of outstanding holiday pay owed at dismissal.
All claims for historic holiday pay covering the 2 years preceding dismissal under the Working Time Regulations failed and were dismissed. The tribunal did not find in favour of backdated holiday pay claims.
Three claimants (Reeves, McGow, Ford, Hughes) succeeded in unfair dismissal claims as they had sufficient service. One claimant (Tabi) failed as she did not have 2 years' continuous service. For Reeves, despite succeeding on unfair dismissal, there was a 100% Polkey reduction as she would have been fairly dismissed anyway.
Four claimants (Reeves, McGow, Ford, Hughes) were entitled to statutory redundancy payments as they were dismissed by reason of redundancy and had sufficient service. One claimant (Tabi) was not entitled as she lacked 2 years' continuous service.
Facts
Five employees of St. Peter's Playgroup brought claims after dismissal by the owner Katie Smith. The playgroup appears to have ceased trading, with a corporate recovery director (Mr Beck from Cranbrook Corporate Recovery Limited) assisting at the hearing. All claimants were dismissed without proper notice and with outstanding holiday pay. Four had sufficient service for unfair dismissal and redundancy claims, while one (Tabi) had under 2 years' service.
Decision
The tribunal found all claimants were dismissed in breach of contract and entitled to notice pay and accrued holiday pay. Four claimants succeeded in unfair dismissal claims and were awarded statutory redundancy payments, though Carly Reeves received a 100% Polkey reduction. Claims for historic holiday pay failed for all claimants. One claimant failed on unfair dismissal and redundancy due to insufficient service.
Practical note
Even where unfair dismissal is established, a 100% Polkey reduction will eliminate any compensatory award if dismissal was inevitable, though statutory redundancy payments and contractual entitlements remain payable.
Award breakdown
Adjustments
For claimant Carly Reeves, tribunal found 100% chance she would have been fairly dismissed in any event, meaning no compensatory award despite succeeding on unfair dismissal
Legal authorities cited
Statutes
Case details
- Case number
- 2303036/2024
- Decision date
- 25 April 2025
- Hearing type
- full merits
- Hearing days
- 3
- Classification
- contested
Respondent
- Sector
- education
- Represented
- No
Claimant representation
- Represented
- No