Claimant v Hospitality Management Services Limited
Outcome
Individual claims
The tribunal determined that Hospitality Management Services Limited was the claimant's employer at the time of dismissal. However, that company entered liquidation on 29 January 2025. Under s.130 Insolvency Act 1986, a statutory moratorium prevents the tribunal from proceeding further. The claim was stayed before liability was determined.
The tribunal did not reach a determination on liability due to the liquidation of the first respondent and the imposition of a statutory moratorium preventing further proceedings.
The tribunal found evidence indicative of negative attitudes towards pregnancy (inappropriate questions at interview, exclusion from meetings after pregnancy announcement). However, liability was not formally determined due to the respondent entering liquidation and proceedings being stayed.
Claims of sex discrimination were brought but not determined on their merits due to the statutory moratorium arising from the respondent's liquidation.
The claimant was entitled to 3 months' notice but received only 2 weeks. However, the tribunal did not determine liability due to the respondent's liquidation and the stay imposed on proceedings.
Claims for unpaid pension contributions (£4,012.02 plus £1,000 awarded by Pension Ombudsman), holiday pay, and notice pay were brought. The tribunal allowed an additional claim for pension contributions to proceed but did not determine liability due to the liquidation stay.
Claims for unpaid wages, tronc payments, holiday pay, and pension contributions were raised but not determined due to the statutory moratorium preventing further proceedings.
The claimant raised issues regarding outstanding holiday pay. The tribunal did not determine liability due to the respondent's liquidation and the resulting stay on proceedings.
Facts
Claimant worked at Haycock Manor Hotel from April 2020 as Sales and Marketing Manager. Her employment transferred via TUPE twice: first to HSAP Limited in December 2021, then to Hospitality Management Services Limited in June 2023. After announcing her pregnancy in January 2022, she was excluded from meetings and experienced detrimental treatment. Pension contributions were not paid despite deductions. During maternity leave from June 2022, she had minimal contact with employer. Upon attempting to return in June 2023, she received no response and was dismissed for redundancy on 31 July 2023 with inadequate notice. First respondent entered liquidation on 29 January 2025.
Decision
The tribunal determined that Hospitality Management Services Limited (first respondent) was the claimant's employer at termination. However, following a winding up order on 29 January 2025, a statutory moratorium under s.130 Insolvency Act 1986 prevents the tribunal from proceeding further. Despite hearing evidence on liability and remedy, the tribunal stayed proceedings. The claimant must pursue her claims within the liquidation process.
Practical note
When an employer company enters liquidation after a tribunal claim is filed but before judgment, section 130 Insolvency Act 1986 imposes a statutory moratorium requiring the tribunal to stay proceedings, even after a full merits hearing; the claimant must then pursue claims as a creditor in the liquidation.
Legal authorities cited
Statutes
Case details
- Case number
- 3314337/2023
- Decision date
- 23 April 2025
- Hearing type
- full merits
- Hearing days
- 2
- Classification
- contested
Respondent
- Sector
- hospitality
- Represented
- No
Employment details
- Role
- Sales and Marketing Manager
- Service
- 3 years
Claimant representation
- Represented
- Yes
- Rep type
- solicitor