Dental employee wins redundancy and unpaid wages after employer's death

This case illustrates what can happen when a small business owner dies unexpectedly, leaving employees in limbo. The dental practice employee had worked for Dr Toomassian for over four years when he was admitted to hospital in January 2021 and died shortly after. The practice closed, and the employee was not paid her December wages or any pay for January.

The impact of incomplete advice

After her employer's death, the employee contacted ACAS and was advised to wait because the practice might be sold and her employment transferred. This advice turned out to be incomplete – it assumed a sale would happen. By the time she learned the practice could not be sold, the three-month deadline for bringing claims had passed. The tribunal accepted that it was not reasonably practicable for her to claim earlier, given the unusual situation and the advice she received.

What the employer's estate could have done differently

The respondent, as personal representative of the estate, did not participate in the hearing. Had she done so, she might have been able to argue that the claims were out of time or that the redundancy payment was calculated incorrectly. However, the tribunal noted that she had received correspondence from the tribunal over a year without responding, so it proceeded in her absence.

Why this matters for similar claims

This case is a reminder that employees of sole practitioners have the same basic rights as anyone else – including the right to unpaid wages, guarantee pay, and redundancy when the business closes. It also shows that tribunals can be flexible with time limits if the delay was caused by following ACAS advice. Anyone in a similar situation should seek advice promptly and not assume that waiting is the only option.