Cases2304794/2024

Claimant v Broadbridge Heath Village Centre Social Club

9 January 2025Before Employment Judge Elizabeth C OrdCroydonin person

Outcome

Claimant succeeds£7,019

Individual claims

Redundancy Paysucceeded

The tribunal found that the claimant was made redundant on 31 December 2023 after 21 years of service. The respondent social club had ceased trading and informed the claimant they had no resources to pay redundancy. The claimant took all reasonable steps to recover payment from the former employer with no success, making her entitled to statutory redundancy pay.

Facts

The claimant worked as a barmaid at a social club from September 2002 until made redundant on 31 December 2023. She was informed on 26 November 2023 that the club would cease trading and had no resources to pay redundancy. After the club closed, all management committee members resigned and the claimant had no means of contact. She attempted to recover redundancy pay through writing to the club and ACAS, before bringing a tribunal claim.

Decision

The tribunal allowed the claim to be brought against the social club as a representative respondent for the management committee members. The claim for redundancy payment succeeded. The claimant was awarded statutory redundancy pay of £7,019.04 based on 21 years' service, age 57, and average weekly gross pay of £250.68.

Practical note

Where an unincorporated association employer becomes insolvent and management committee members cannot be traced, the tribunal may permit use of the association's name as a representative respondent to enable a claim to proceed and facilitate recovery from the National Insurance Fund.

Award breakdown

Redundancy pay£7,019

Case details

Case number
2304794/2024
Decision date
9 January 2025
Hearing type
full merits
Hearing days
1
Classification
contested

Respondent

Sector
hospitality
Represented
No

Employment details

Role
Barmaid
Service
21 years

Claimant representation

Represented
No