TWO men who worked at a St Asaph adventure park have won claims against their former employer at a tribunal after they were suddenly issued with P45s following the company director’s admission to hospital.

Alan Roberts and Daniel Jones both worked at Open Door Adventure, at Dolben Hall, and won claims of holiday pay and unpaid wages upheld, but additional claims of redundancy pay, notice pay and loss of statutory rights dismissed.

The company which ran the park, Open Door Adventure Ltd, is currently subject to an active proposal to strike it off; its sole director, David Orange, died in April.

Mr Roberts had worked for the company as a chef/house manager since 2004, and was said to have had a good working relationship with Mr Orange.

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But following Mr Orange’s admission to hospital after a suspected stroke in November 2022, staff were told that company’s bank account could not be operated, and so employees were unable to be paid.

Course that were due to take place in December 2022, and bookings for 2023, were also cancelled or indefinitely postponed.

Staff were then sent an email by Deborah Holmes-Langstone, PA to Mr Orange, saying that none of his family were in a position to pay staff, and she would “get on with the job of P45s for everyone”.

This email added: “The pay owed to you for November, therefore, you will now need to claim against the business.

“P45s will be emailed to you before I leave. You will need this for either signing on or securing other employment.”

Members of Mr Orange’s family then told Mr Roberts that staff had “walked out as soon as dad had the stroke”, and that Ms Holmes-Langstone had issued P45s without authority.

Mr Roberts should have been paid £1,594.90 for the month of November 2022, but received a cheque of only £1,000 in December.

He also maintained that he was owed holiday pay for days that had been accrued, but not taken, between April and November 2022.

In addition, he said he had never had a letter of dismissal from Open Door Adventure, nor a letter relating to his redundancy.

Mr Jones had worked intermittently for Open Door Adventure since October 2014, living on the site at times, and also enjoying a good relationship with Mr Orange.

Ordinarily, he worked for 10 months as an instructor, and was then laid off for two months during the winter.

But on October 23, 2022, Mr Jones was informed he was being laid off early because the company could not afford to continue to pay his wages.

On November 9, 2022, Mr Jones received an email from Ms Holmes-Langstone indicating that the business could only continue to employ two of its four instructors.

Mr Jones was told he was the most experienced instructor, and was given assurances about him continuing in his role, but found himself in the same position as Mr Roberts following Mr Orange’s admission to hospital shortly after.

As of November 23, 2022, Mr Jones maintained he was owed wages of £1,232 – he was subsequently given a £500 cheque, but when he attempted to cash this, it was dishonoured; although this was described as representing holiday pay as opposed to unpaid wages. 

Employment Judge Havard, presiding over the tribunal in Cardiff, concluded: “I am satisfied that neither claimant was paid their wages for November 2022.

“I am satisfied that, in principle, the first claimant (Mr Roberts) is entitled to claim a sum in respect of accrued holiday pay in respect of days accrued but not taken.

“I am satisfied that the second claimant (Mr Jones) is entitled to a sum which represents the difference between the total number of holiday days accrued and those actually taken during January 1 and December 31, 2022.”

The sums which Mr Roberts and Mr Jones are to be awarded will be decided at a later hearing.