Neathouse Partners logo
HR | Employment Law | Health & Safety

01244 893776

Neathouse Partners logo
HR | Employment Law | Health & Safety

The Grinch Didn’t Pay His Christmas Elves

James Rowland

James Rowland

Commercial Director

grinch

Download Our Free UK Employment Law Guide For Businesses

Following a ruling at Hull Employment Tribunal, it seems no-one is left out in the cold when it comes to employment law.

Normally residing in the North Pole, Santa’s Elves have been forced to take legal action following a brief sabbatical at the Princes Quay Shopping Centre in Hull.

Determined to deliver presents and add to the Christmas cheer, elves were drafted into work for Santa’s Stable grotto, run by UK Grotto Hire Ltd.

With grottos up and down the country, the firm had persuaded elves to take a break from their usual tasks of building and wrapping presents, to help deliver them at shopping centres up and down the country.

Working alongside Father Christmas himself, the elves successfully entertained children, families and shoppers in the run-up to the festive season.

Due to return to the North Pole, the elves had been told they’d receive payment for their services on 10 January 2019. However, when no payment appeared, the elves were told they would receive their wages on 31 January.

Unfortunately for Santa’s helpers, the ‘Grinch who stole Christmas’ seemed intent on hanging on to their wages too.

Elves Fight For Justice

According to Managing Director, Tony Jennings, UK Grotto Hire Ltd simply didn’t have the funds to reward the elves for their hard work and would be going into liquidation.

While this meant an inevitable delay for the elves, once the company had been declared insolvent, they would have been able to claim for their wages via the insolvency fund.

However, this wasn’t the end of the saga for the elves. When appointed liquidators were unable to act due to a lack of funds in the company’s estate, UK Grotto Hire Ltd technically remained active, meaning the hardworking elves were unable to make a claim for their well-deserved wages.

With no recourse to the insolvency funds, four of the elves were forced to take the matter up at Hull Employment Tribunal.

Triumph For Santa’s Helpers

Having heard the details of the case, Employment Judge Buckley found in favour of the elves and awarded them their claims in full.

Despite their success, the four elves didn’t want their names to be made public, presumably following strict instructions and a confidentiality clause from Father Christmas.

While the elves have been awarded their claims by the Hull Employment Tribunal, this may not mean the end of the case.

Should UK Grotto Hire UK Ltd fail to pay the elves, following the ruling at the Employment Tribunal, they will need to decide whether or not to issue a further claim.

Although the Employment Tribunal can’t enforce payments, even for elves, the Small Claims Court may be able to provide an appropriate solution. As UK Grotto Hire Ltd has been shown to owe each of the four elves their wages in full, a Small Claims Court could provide payment enforcement options.

With the elves eager to get back to the North Pole to begin preparing for this year’s festive season, only time will tell whether they receive their payments or whether they’ll be another epic Christmas battle being played out in the courts.

Neathouse Partners Newsletter

Join 7,494 business owners and HR practitioners keeping ‘in the know’ with the latest HR,  Employment Law & Health and Safety developments.

About The Author.

Lifeguard applying sunscreen
Health and Safety

Creating a sun safe workplace

Learn how to protect your outdoor workforce from harmful UV radiation and promote a sun-safe environment with our advice for employers. Discover ways to safeguard employees’ health and well-being while they work in the sun.

Lifeguard applying sunscreen
Health and Safety

Creating a sun safe workplace

Learn how to protect your outdoor workforce from harmful UV radiation and promote a sun-safe environment with our advice for employers. Discover ways to safeguard employees’ health and well-being while they work in the sun.

About Neathouse Partners

Neathouse Partners is a dedicated group of seasoned Employment Lawyers, HR Consultants, and Health and Safety specialists, offering businesses comprehensive outsourced HR services, expert employment law advice, and reliable health & safety solutions.

With a focus on client success, our skilled team delivers tailored support to help businesses navigate complex workplace challenges and maintain compliance with relevant regulations.

Discover our solutions

Unlock your business potential

Get a Quote for Our Expert HR, Employment Law, and Health & Safety Services