Claimant v Rise 2 Shine Limited

The tribunal found the claimants were dismissed on 21 August 2023 when they were 'stood down' and locked out of systems. The reason was redundancy, but the respondent did not act reasonably in treating that reason as sufficient to dismiss in all the circumstances, including equity and the substantial merits of the case.

The tribunal found the employer's need for employees to carry out the claimants' work had diminished, entitling them to statutory redundancy payments. The respondent failed to pay these payments, and the tribunal calculated entitlements based on complete years of service and gross weekly pay.

The respondent caused loss and damage by failing to give notice to lawfully terminate the claimants' contracts of employment. The tribunal awarded notice pay based on contractual notice periods, mitigated from the dates each claimant secured new employment.

The claimants had 21 days (4.2 weeks) of their 28-day annual entitlement remaining at termination. The respondent failed to pay for accrued but untaken holiday on termination, contrary to Regulation 14 of the Working Time Regulations 1998.

The claimants received partial pay for August 2023 but had a shortfall of approximately 1.5 weeks' pay for the period up to 21 August 2023. The respondent failed to pay wages they were entitled to for work done.