Cases3314337/2023

Claimant v Hospitality Management Services Limited

23 April 2025Before Employment Judge Mr A. SpencerNorwichremote video

Outcome

Other

Individual claims

Unfair Dismissalnot determined

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.

Automatic Unfair Dismissalnot 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.

Direct Discrimination(pregnancy)not determined

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.

Direct Discrimination(sex)not determined

Claims of sex discrimination were brought but not determined on their merits due to the statutory moratorium arising from the respondent's liquidation.

Wrongful Dismissalnot determined

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.

Breach of Contractnot determined

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.

Unlawful Deduction from Wagesnot determined

Claims for unpaid wages, tronc payments, holiday pay, and pension contributions were raised but not determined due to the statutory moratorium preventing further proceedings.

Holiday Paynot determined

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

Selkent Bus Company v Moore

Statutes

Insolvency Act 1986 s.130

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