Miss Charlotte Welch v The Sunday Independent Ltd and Mr David Duncan Williams: 1400507/2018
JUDGMENT
ON REMEDY The Unanimous Judgment of the Tribunal is as follows:[1]The correct name of the First Respondent is the Sunday Independent Limited and the record is amended accordingly; and[2]This judgment should be read in conjunction with the judgment following a preliminary hearing dated 18 September 2018, and a judgment determining the claims of the lead claimant Mr James Coles against the same respondents dated 20 March 2019. Both judgments are under Tribunal reference 1400481/2018. The reasons explained in those judgments, and with the exception of any claims relating to pension payments, any liability of the First Respondent under these claims has passed to the Second Respondent.[3]The claimant is entitled to a statutory redundancy payment of £760.10 (2.5 weeks at £304.04 gross per week); and[4]The claimant was unfairly dismissed by the First Respondent by reason of a TUPE transfer. The Second Respondent is ordered to pay the claimant compensation for unfair dismissal in the sum of £825.16. No award is made for the Basic Award, because the claimant is entitled to a statutory redundancy payment. The Compensatory Award is calculated as follows: Net loss from dismissal to date £525.16; and loss of statutory rights £300.00.[5]The Employment Protection (Recoupment of Jobseeker’s Allowance and Income Support) Regulations 1996 (“the Recoupment Regulations”) apply in this case. The Prescribed Element is £525.16 and the Period of the Prescribed Element is from 4 February 2018 to 20 March 2019. The Grand Total is £825.16, and the Excess of the Grand Total over the Prescribed Element is £300.00.[6]The First Respondent and the Second Respondent failed to consult on a prospective TUPE transfer, and they are ordered to pay the Claimant thirteen weeks’ pay in the sum of £3,952.52 (13 x £304.04); and[7]The claimant succeeds in her claim for breach of contract in respect of her notice period and the Second Respondent is ordered to pay the claimant one month’s pay in the net sum of £1,137.85; and[8]The claimant succeeds in her claim for breach of contract and the First Respondent is ordered to pay the Claimant the missing employer contributions for the six months from July to December 2017 amounting to £237.18; and[9]The claimant succeeds in her claim for unlawful deduction from wages and the First Respondent is ordered to pay the Claimant the sum of £479.46, which consists of the missing employee contributions for the six months from July to December 2017 amounting to £237.18, and four days’ net pay from 1 to 4 January 2018 in the sum of £242.28.[10]Where appropriate we consider the above awards to be just and equitable.