Miss E O’Brien and Ms F McCleod v Phoenix Pub Group Ltd and Others: 1300959/2018 and 1301455/2018
JUDGMENT
Having heard the claims in the respondents’ absence, under Rule 47 Tribunal Rules of Procedure 2013, the judgment of the tribunal is: -[1]There was a relevant transfer pursuant to regulation 3(1)(a) of the TUPE Regulations 2006, from the second respondent to the first respondent on 7 August 2017[2]In respect of the substantive claims made by the claimants; a) No valid response was entered; and I adjudge that: - b) The claimants’ claims succeed against the first respondent only, as set out in the schedule to this judgment. I dismiss the claims against all other respondents.[3]Subject to the directions in the order accompanying this judgment, a remedy hearing is listed for Wednesday 28 August 2019 commencing at 10.00am, with a time allocation of 1 day. Employment Judge Lloyd 12 June 2019 Case No: 1300959/2018 1301455/2018 SCHEDULE THE CLAIMANTS’ CLAIMS AS PROVEN AGAINST THE FIRST RESPONDENT The First Claimant Failure to provide a written statement of particulars (s.1 ERA, s.38 EA 2002) Failure to provide written reasons for dismissal (s.93 ERA) Automatic unfair dismissal, for reason of relevant TUPE transfer (TUPE reg 7) Unfair dismissal (s.94/98 ERA 1996) Wrongful dismissal Unlawful detriment in maternity leave (MPL Regs 1999 reg 19(1) and (2)(d) Maternity discrimination: (s.18 EqA) The Second Claimant Failure to provide a written statement of particulars (s.1 ERA, s.38 EA 2002) Automatic unfair dismissal, for reason of relevant TUPE transfer (TUPE reg 7) Unfair dismissal (s.94/98 ERA 1996)[4]X £333.00 = £1332.00 The respondent’s failure to provide written reasons for dismissal (s.93 ERA) 2 x £333.00 = £666.00 Automatic unfair dismissal, for reason of relevant TUPE transfer (TUPE reg 7) Unfair dismissal (s.94/98 ERA 1996) £5818.17 (loss of statutory rights and loss of earnings) Wrongful dismissal £3330.00 Unlawful detriment in maternity leave (MPL Regs 1999 reg 19(1) and (2)(d) Maternity discrimination: (s.18 EqA) £12,000 (injury to feelings) I award the first claimant total compensation of £23,146.17 Case No: 1300959/2018 1301455/2018 The Second Claimant The respondent’s failure to provide a written statement of particulars (s.1 ERA, s.38 EA 2002) 4 x £180.00 = £720.00 Automatic unfair dismissal, for reason of relevant TUPE transfer (TUPE reg 7) Unfair dismissal (s.94/98 ERA 1996) £5,240.00 (loss of statutory rights and loss of earnings) I award the second claimant total compensation of £5,990.00 The respondent is therefore ordered to pay in respect of all the claimants’ claims, a total award of £29,136.17