Mr PM Rogers and Mrs K Rogers v Project Viva Ltd (In Administration) and others: 1300027/2016
JUDGMENT
[1]With the consent of the 3rd respondent, the claims by the 1st claimant for damages for breach of contract over:(1) expenses and(2) a damaged gazebo are dismissed upon withdrawal by him.[2]The 1st claimant was unfairly dismissed by the 1st respondent. I order the 1st respondent to pay compensation to him in the sum of £9,928.49. This sum is made up as follows: A basic award: £2,137.50 A compensatory award for loss of earnings from 1 September 2015 to 2 November 2015 (9 weeks x £810.11): £7,290.99 (net) Compensation for loss of statutory employment rights: £500.00 Recoupment of benefits applies as the 1st claimant was in receipt of JSA, and a notice in relation thereto is attached, together with an annex to the judgment.[3]The 2nd claimant was unfairly dismissed by the 1st respondent. I order the 1st respondent to pay compensation to her in the sum of £5,077.20. This sum is made up as follows: A basic award: £2,137.50 A compensatory award for loss of earnings from 1 October 2015 to 2 November 2015 (4.6 weeks x £530.37): £2,439.70 (net) Compensation for loss of statutory employment rights: £500.00 Recoupment of benefits applies as the 2nd claimant was in receipt of JSA, and a notice in relation thereto is attached, together with an annex to the judgment.[4]The claim for damages by both claimants for failure by the 1st respondent to give notice or make a payment in lieu of notice is not well-founded, fails and is dismissed. Both claimants were given notice exceeding the statutory notice to which they were entitled.[5]I declare that the 1st respondent made unlawful deductions from the claimants’ wages, by its failure to pay the claimants for holidays accrued but not taken. I order the 1st respondent to pay compensation to the 1st claimant for 13.5 days in the sum of £3,115.39 (gross) and the 2nd claimant for 15 days in the sum of £2,077.95 (gross).[6]The 1st respondent failed to provide a written statement of main terms and conditions of employment to either claimant. I order the 1st respondent to pay compensation of 2 weeks gross salary (2 x the capped figure of £475.00 per week) of £950.00 to each claimant.[7]I declare that the sole or principal reason for the dismissal of both claimants was not the business transfer between the 1st and 3rd respondents, and therefore the claims for automatic unfair dismissal pursuant to Regulation 7 of the Transfer of Undertakings (Protection of Employment) Regulations 2006 are not well-founded, fail and are dismissed.[8]I declare that there was no TUPE transfer of either of the claimants’ contracts of employment from the 1st to the 3rd respondents; and all other claims against the 3rd respondent are not well-founded, fail and are dismissed.[9]I declare that the 2nd respondent has met his statutory obligations to both claimants; they were unable to demonstrate that any further monies were due and payable to them from him, and therefore all the claims against the 2nd respondent are dismissed. Note: Reasons for the judgement having been given orally at the hearing, written reasons will also be provided as soon as conveniently possible as a request was made by the claimants at the hearing.