Staff at the House and Home store in Tynwald Mills lost their jobs in circumstances which should never have occurred, an employment tribunal has concluded.

But the tribunal has struck out a claim for unfair dismissal against Tynwald Mils founder Bob Jeavons as he was never a de facto or shadow director and so could not be held responsible for any liability.

Eleven staff were sent home and lost their jobs after the St John’s shopping complex was acquired by Edinburgh Woollen Mill in September last year.

House and Home (H&H) was never part of that acquisition and has since gone into voluntary liquidation.

The staff who lost their jobs were subsequently offered employment with Edinburgh Woollen Mill.

Stephen Dimelor, who was a director of H&H, together with four other former employees - Julian Smith, Lucy Robinson, Michele Bowen and Catreena McKenna - took their case to the employment tribunal.

But respondent Mr Jeavons applied to strike out their claims, insisting he had never been a director of H&H - and the tribunal unanimously agreed to make a strike out order.

’The complainants all considered that they had been made redundant and/or unfairly dismissed in September in a set of circumstances which were shrouded in mystery,’ the tribunal ruling states.

’This was primarily because of confusion and uncertainty as to what had happened regarding their employment status. It scarcely needs saying that the situation that the complainants and other staff of H&H found themselves in should never have happened.’

Based on the ’morass of factual uncertainty’, the tribunal said it was not going to blame the complainants for seeking to secure redress. It said it was beyond its remit to consider what remedies there may be for the complainants in the high court.

The beneficial owner of H&H had been businessman Stephen Bradley, who signed a confidential deed of settlement on September 4 last year, on the same day as the sale to Edinburgh Woollen Mill went through.

As part of the agreement, two £1 shares in H&H were transferred to Mr Jeavons and the Bradley parties each surrendered their occupancy of the premises and their right to H&H’s stock.

The tribunal said the deal put together was ’less than ideal’ and ’vital elements were left uncertain’.

A ’less pressured’ situation might have ensured there was a smooth transition at the premises ’without the unseemly situation of a staff lock-out’, the tribunal noted.

It should have made clear that staff were either going to be taken over or that H&H was to be responsible for an orderly redundancy.