Cases2302951/2024

Claimant v Consult Group Limited

17 April 2025Before Employment Judge M AspinallLondon Southremote video

Outcome

Partly successful£1,838

Individual claims

Unfair Dismissaldismissed on withdrawal

Dismissed due to insufficient qualifying service under Section 108 ERA 1996. All claimants had less than two years' continuous service required for unfair dismissal claims.

Unlawful Deduction from Wagessucceeded

Tribunal found that claimants experienced unlawful deductions including non-payment for additional hours worked, decreased pay without notice, reduction in hourly rates, and failure to pay agreed supervisor rate. These deductions were not authorized by statute, contract, or written agreement.

Holiday Paypartly succeeded

Claims for Ms Hughes (£289.51) and Mr Tilley-Hughes (£91.20) succeeded as their employment had terminated. Mrs Tapsell's claim dismissed as she remained employed and Regulation 14 Working Time Regulations 1998 only provides for payment in lieu upon termination.

Breach of Contractsucceeded

Ms Hughes awarded £44.20 for bank holiday working on 26 December 2023 and 1 January 2024. Tribunal found workers should not be financially disadvantaged by public holiday arrangements.

Othersucceeded

Failure to provide payslips in breach of s.8 ERA 1996. All claimants either did not receive payslips at all or received inadequate payslips. Two weeks' pay awarded to each claimant as established proportionate remedy.

Othersucceeded

Failure to provide written particulars of employment in breach of s.1 ERA 1996. Claimants not provided with employee handbooks despite references to these forming part of employment contracts. Two weeks' pay awarded under s.38 Employment Act 2002.

Facts

Three cleaners employed at Nymans Gardens by companies associated with Mr Galloway brought claims for unpaid wages, holiday pay, and failure to provide employment documentation. Ms Hughes and Mr Tilley-Hughes (her 16-year-old son in his first job) resigned in February 2024 after approximately 5 months' service. Mrs Tapsell, promoted to supervisor in May 2023, remained employed. One respondent company (Consult Cleaning Ltd) was dissolved in June 2024 shortly after claims were filed. Respondents did not engage with proceedings.

Decision

Tribunal dismissed claims against dissolved company and individual respondents. Unfair dismissal claims dismissed for insufficient service. Claims against Consult Group Ltd for unlawful deductions, holiday pay (for those who left), failure to provide payslips and written particulars succeeded. Awards totaling £1,837.94 made across three claimants (£775.71 to Hughes, £319.20 to Tilley-Hughes, £743.03 to Tapsell).

Practical note

Employers cannot avoid employment obligations through corporate dissolution, and tribunals will award statutory remedies even against non-participating respondents where evidence supports claims, though corporate veil piercing remains extremely limited.

Award breakdown

Holiday pay£425
Arrears of pay£263

Legal authorities cited

Prest v Petrodel Resources Ltd [2013] UKSC 34Sash Window Workshop Ltd v King [2018] ICR 693Stefanko v Maritime Hotel Ltd [2018] UKEAT/0024/18Bear Scotland Ltd v Fulton [2015] ICR 221Chandler v Cape Plc [2012] EWCA Civ 525Secretary of State v Neufeld [2009] EWCA Civ 280Smith v Henniker-Major & Co [2002] EWCA Civ 762

Statutes

ERA 1996 s.23ERA 1996 s.13ERA 1996 s.11ERA 1996 s.8ERA 1996 s.1Working Time Regulations 1998 reg.14Working Time Regulations 1998 reg.16Companies Act 2006 s.1012Companies Act 2006 s.1032Working Time Regulations 1998 reg.13

Case details

Case number
2302951/2024
Decision date
17 April 2025
Hearing type
rule 21
Hearing days
1
Classification
default

Respondent

Sector
professional services
Represented
No

Employment details

Role
cleaner / site supervisor
Service
5 months

Claimant representation

Represented
No