Chef with 35 years' service dismissed without consultation when restaurant closed
A chef who worked for 35 years was made redundant without any consultation or notice when his restaurant closed. The tribunal awarded £17,766 in redundancy and notice pay, but reduced compensation for unfair dismissal by 100% because the business was bound to close.
1 min read · Last updated 18 May 2026
Case details
Key facts
- The claimant was employed as a chef from 1988 until the restaurant closed in November 2022.
- The restaurant business ceased trading due to financial difficulties exacerbated by the pandemic.
- The claimant was not given formal notice of redundancy until 1 December 2022, and received no notice pay.
- The claimant was not consulted about the redundancy or given any warning.
- The tribunal found that even with consultation, the claimant would have been dismissed as the business was bound to close.
Timeline
-
Employment started
The claimant began working as a chef at the Château restaurant.
-
Respondent took over business
Mr Sanjoori took over the restaurant business, renting the premises.
-
Sale exploration mentioned
The respondent told staff he was exploring selling the business.
-
Possible closure mentioned
The respondent told the claimant he was thinking of closing the restaurant at the end of the year.
-
Claimant queried end date
The claimant emailed the respondent asking to confirm the end date of 28 December.
-
Restaurant closed
The landlord informed the claimant the respondent had closed the restaurant; the claimant found it empty.
-
Closure announced online
A message on the restaurant's website stated it had closed.
-
Claimant requested documents
The claimant emailed the respondent requesting payslips and P45.
-
P45 received
The claimant received his P45 showing employment ended on 10 November 2022.
-
New employment started
The claimant found new employment after several months of searching.
The legal issue
The tribunal had to decide whether the chef was unfairly dismissed by reason of redundancy, and whether he was entitled to a statutory redundancy payment and notice pay after the restaurant closed without warning.
The outcome
The tribunal ruled that the chef was dismissed by reason of redundancy and that the dismissal was unfair because he was given no consultation or warning. However, compensation for unfair dismissal was reduced by 100% under the Polkey principle, as the business was bound to close regardless.
Compensation awarded:
- Redundancy payment: £12,436.20
- Notice pay (breach of contract): £5,329.80
- Total: £17,766.00
Lessons & takeaways
- Even when a business is closing, employees are entitled to a statutory redundancy payment if they have at least two years' service.
- Employers must provide notice pay unless the contract allows payment in lieu and the employee agrees.
- A lack of consultation makes a redundancy dismissal unfair, but compensation can be reduced if consultation would not have changed the outcome.
- Employees should check their P45 and seek legal advice if they are dismissed without notice or consultation.
A sudden closure after decades of service
This case highlights what can happen when a small business closes without warning. The chef had worked at the same restaurant for 35 years, starting in 1988. When the business struggled after the pandemic, the owner explored selling but eventually closed abruptly in November 2022. The chef found the restaurant empty and only received his P45 weeks later, showing his employment had ended on 10 November.
What the employer did wrong
The restaurant owner failed to give the chef any formal notice of redundancy or consult with him about the closure. The chef was not warned that his employment would end on a specific date, and he received no notice pay. The tribunal found that this lack of process made the dismissal unfair. However, because the business was genuinely closing and would have closed anyway, the tribunal applied a 100% Polkey reduction, meaning no additional compensation for unfair dismissal beyond the statutory redundancy and notice pay.
Why this matters for similar claims
This case shows that even when a business closure is inevitable, employees still have rights. The chef was awarded £12,436.20 in redundancy pay (based on his age, length of service, and weekly pay) and £5,329.80 for unpaid notice. The total of £17,766 reflects what he was legally entitled to, even though the employer could not have saved his job. For employees facing redundancy, it is important to check whether you have received proper notice and a redundancy payment. For employers, failing to consult or give notice can lead to claims, even if the business is closing.
Similar cases
Kitchen manager dismissed without consultation in redundancy: unfair dismissal
A kitchen manager with two years' service was unfairly dismissed when her employer made her redundant without any consultation or warning. The tribunal awarded £4,809.49 in compensation.
Long-serving employee unfairly dismissed in redundancy without notice
A Cardiff tribunal found that MB Evans Limited unfairly dismissed a 25-year employee without notice during a redundancy. The employee was awarded £21,936 in compensation.
Unfair dismissal but 100% Polkey reduction due to workplace closure
A former employee was unfairly dismissed but received only limited compensation because the tribunal found he would have been fairly dismissed a month later when the workplace closed. Total award: £12,419.29.
Butcher awarded £11,871 after redundancy dismissal with no notice or holiday pay
A former butcher won £11,871 after his employer failed to pay notice, holiday pay, or a redundancy payment and did not attend the tribunal hearing.