Mrs K M Wren v The Samurai Kitchen Ltd (in liquidation) and Others: 1402055/2025
JUDGMENT
The judgment of the Tribunal is as follows: There was a transfer of an undertaking from the first respondent to the second respondent, pursuant to Regulation 3 of the Transfer of Undertakings (Protection of Employment) Regulations 2006, on or before 30th October 2024. In accordance with Regulation 4(3), the claimant would have been dismissed, but for the provisions of Regulation 7(1). According to Regulation 4(3), liabilities under the contract of employment therefore passed from the first respondent to the second respondent. Wages[1]The complaint of unauthorised deductions from wages is well-founded. There was an unauthorised deduction from the claimant's wages in the period from 16th July 2024 to 2nd September 2024.[2]The second respondent shall pay the claimant the gross sum of £501.37. Notice Pay Case Number: 1402055/2025[3]The complaint of breach of contract in relation to notice pay is well-founded.[4]The second respondent shall pay the claimant the gross sum of £919.00 as damages for breach of contract. Redundancy Payment[5]The complaint that the second respondent was in breach of contract by failing to pay the claimant a contractual redundancy payment is well-founded.[6]Under section 163 Employment Rights Act 1996 it is determined that the claimant is entitled to a redundancy payment of £1,378.50.