Claimant v Rose Villa Care Limited
Outcome
Individual claims
All claimants withdrew their unfair dismissal complaints, likely due to the employer being in creditors voluntary liquidation and their claims being directed to the Secretary of State.
All claimants withdrew their holiday pay complaints, consistent with the insolvency context where such claims would be pursued through the Redundancy Payments Service.
All claimants withdrew their arrears of pay complaints, likely to be pursued through the statutory insolvency scheme given the first respondent's liquidation.
The tribunal found that the notice pay claims by Edina Chikaka, Amelia D'Arcy, Aysha Osman and Freya Robinson were not well-founded, meaning the tribunal determined on the evidence that these claimants were not entitled to notice pay. The other claimants' notice pay claims were withdrawn.
The tribunal found that claims by eight specific claimants (Amoliofo, Barrett, Flecknor, Garcias, Pike, Rutter, Tissera, Warner) for redundancy payment were not well-founded, likely because they did not meet the qualifying service requirements of two years. Other claimants' redundancy claims were withdrawn.
The tribunal found that the first respondent failed to comply with section 188 requirements to inform and consult on collective redundancies. The tribunal awarded the maximum protective award of 90 days' pay to all claimants except 'Rose Villa Staff', demonstrating a serious breach of consultation obligations.
Facts
Rose Villa Care Limited, a care home, entered creditors voluntary liquidation. Twenty-nine claimants, comprising staff members, brought claims for unfair dismissal, unpaid wages, holiday pay, notice pay, redundancy payments, and failure to inform and consult. The respondent company and the Secretary of State did not attend the hearing. The claimants were represented by two lay representatives. Most monetary claims were withdrawn, likely to be pursued through the insolvency scheme.
Decision
The tribunal dismissed as withdrawn the claims for unfair dismissal, holiday pay and arrears of pay. It dismissed as not well-founded certain notice pay and redundancy pay claims where claimants did not meet qualifying requirements. However, it upheld the collective consultation claim under TULRCA 1992, finding the first respondent failed to inform and consult. The tribunal awarded the maximum 90-day protective award to 28 claimants, beginning 14 February 2025.
Practical note
Employers facing insolvency must still comply with collective redundancy consultation obligations under section 188 TULRCA 1992, and failure to do so will result in the maximum 90-day protective award even where the employer does not defend the claim.
Legal authorities cited
Statutes
Case details
- Case number
- 1400323/2025
- Decision date
- 19 December 2025
- Hearing type
- full merits
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- healthcare
- Represented
- No
Claimant representation
- Represented
- Yes
- Rep type
- lay rep