26-year employee's redundancy claim: late response from committee member refused

A long career ends in dispute

A woman who worked for 26 years as an Assistant Playground Leader and SENCO at Crossways Playgroup brought claims for unfair dismissal, redundancy payment, notice pay, holiday pay, and arrears of pay after her employment ended. The playgroup, an unincorporated association, conceded liability but disputed the amount owed. However, the case became complicated when the main contact, Andrew Brewer, was added as a Second Respondent as a committee member, along with two others.

The late response problem

The Second Respondent failed to submit a response within the prescribed time limit. He applied for an extension of time very late, just weeks before the preliminary hearing. The tribunal considered whether to grant this extension, balancing the reasons for the delay against the prejudice to the claimant. The Second Respondent argued that he had not been properly served, but the tribunal found that he had been corresponding with the tribunal throughout and was aware of the claim. The application was refused.

What this means for similar claims

This case highlights the risks for committee members of unincorporated associations. They can be personally liable for employment claims, and failing to respond in time can leave them unable to defend themselves. The tribunal's decision to refuse the extension shows that late applications are rarely successful without strong justification. For employees, this case demonstrates that even when an employer concedes liability, procedural issues can delay the final remedy. The remedy hearing will now determine the compensation owed to the claimant, who had given 26 years of service.