Ms D Hotchkiss and others v Denwells Ltd and others: 1309028/2020 and others
JUDGMENT
[1]There was a relevant transfer pursuant to regulation 3 Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE) from the first to second respondent on, or about, 28 May 2020.[2]Claim number 1306546/2020 made by Ms Jean Richards was marked discontinued in error. The claim was originally rejected by virtue of the provision of an incorrect early conciliation certificate number. That was remedied on 30 July 2020 and a reconsideration requested that was not addressed. It is accepted with effect from that date. That claim is consolidated and shall be heard with the other complaints.[3]The claimants’ complaints of unfair dismissal pursuant to reg. 7(1) TUPE, ordinary unfair dismissal, wrongful dismissal, failure to consult pursuant to TUPE and their other money claims shall be heard in so far as it is expedient and possible to do so in the light of the claimants intending to re-submit their claims to the fourth respondent, before a full panel (to be chaired by me if possible) on 20-22 December 2021 by the Cloud Video Platform.[4]A separate notice of hearing shall follow. Ms Sears attendance by Cloud Video Platform is excused. She shall be provided telephone log on details.[5]No ancillary directions orders are made; the existing bundles and witness statements shall stand. SCHEDULE OF CLAIMANTS 1309028/2020 DAWN HOTCHKISS 1306513/2020 & 1300713/2021 PETA DAVIS 13206576/2020 JONATHAN NEALE 1300177/2021 & 1306546/2020 JEAN RICHARDS 1303685/2021 & 1306601/2020 MARIE REBECCA MASEFIELD 1300687/2021 & 1306555/2020 JULIE EBREY 1306606/2020 ABUBARKAR ISIFU 1309061/2020 ALISON BOWEN 1309062/2020 CAROL JANE PAUL 1306597/2020 ELIZABETH BERTIE 1309064/2020 ALEX LLOYD 1309065/2020 JOANNE WILLIAMS 1309063/2020, 1300730/2021 & 1300731/2021 HEIDI LOUISE SEARS 1306603/2020 & 1300744/2021 MICHAEL SLATER CATHERINE DAVIES 1306554/2020 - 2 - EMPLOYMENT TRIBUNALS Claimants: Respondents: -v- Ms D Hotchkiss & others v(1) Denwells Ltd, (see schedule attached)(2) Denwells 2020 Ltd(3) French Sole Holdings Ltd(4) The Secretary of State for Business, Energy & industrial Strategy FINAL (MERITS) HEARING (CONDUCTED BY THE CLOUD VIDEO PLATFORM) Heard at: Birmingham On: 3 June 2024 Before: Employment Judge Perry Appearances For the claimants All who attended (as set out in the schedule below) appeared in person For the first to third Respondents: No appearance For the Secretary of State Mr Soni[1]There was a failure to inform or consult in relation to the TUPE transfer that occurred on or about 28 May 2020 (the Transfer). The complaints of the claimants listed in the 1 / 7 schedule below (“the Schedule”) are well founded. They are entitled to an award of 13 weeks’ pay beginning on that date.[2]The second respondent failed to consult in relation to collective redundancies in advance of its liquidation on 13 September 2021. The Secretary of State accepted based on the RP14 form there were clearly more than 20 employees at the establishment at the relevant time. The claimants listed in the Schedule are entitled to an award for the protected period of 90 days beginning on 13 September 2021[3]By virtue of the Transfer and the claimants not being given notice of dismissal they were entitled to be paid wages until their dismissal. The unlawful deductions from wages complaints of the claimants listed in the Schedule are well founded. Where relevant they awarded the gross sums as set out in column 3 of the Schedule.[4]The claimants listed in the Schedule were dismissed on the liquidation of the second respondent on 13 September 2021. Their unfair dismissal complaints are well founded. Where relevant they awarded compensation for unfair dismissal as per column 4 of the Schedule.[5]Miss Masefield and Mr Slater were dismissed in breach of contract without notice. They are awarded the net sums set out in column 5 of the Schedule.[6]It appeared to me when calculating the awards that the information provided on the RP14 forms by the liquidator were substantially at odds with the detail provided by the claimants to me such that grave doubts arise as to the awards paid out by the Secretary of State. I have set out based on the information before me the gross and net weekly pay of the claimants in the column 2 of the schedule below. Where new jobs were obtained I have set out in columns 3 and 4 the ongoing gross and net loss. Based on the figures provided to me I have rounded these to the nearest pound as some of these had to be approximated. I have invited the Secretary of State to revisit those awards.[7]I have reconsidered of my own motion the award of wages issued to Ms Catherine Davies. I have increased the award to the date she would have been dismissed by the second respondent on the basis until dismissed she was entitled to her wages and no obligation to mitigate arose until then.[8]Given the non-attendance of any remaining claimants all remaining claims are dismissed.[9]A recoupment notice follows in relation to the protective awards. Signed electronically by me