Claimant v Consult Group Limited
Outcome
Individual claims
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.
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.
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.
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.
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.
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
Legal authorities cited
Statutes
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