Mrs E Freeman and Mr A Freeman v Mr Ian J Gahan T/a Hambledon Estate Agents and Hamlet South West Ltd: 1402261/2018 and others
JUDGMENT
[1]The TUPE Transfer from R1 to R2 occurred at or before 13.39 3rd April 2018.[2]Both claimants’ claims of unfair dismissal against the respondent are dismissed.[3]The claimants remaining claims will proceed to hearing (as set out in the Case Management Order of today’s date). If either party seeks full written reasons it should apply in writing within 14 days Case No: 1402261/2018 1402262/2018 - --2--- _______________________ EMPLOYMENT JUDGE CADNEY Dated: 3rd September 19 Case No: 1402261/2018, 1402262/2018, 1402979/2018, 1402981/2018 EMPLOYMENT TRIBUNALS First Claimant: Mrs E Freeman Second Claimant: Mr A Freeman First Respondent: Mr I Gahan T/A Hambledon Estate Agents Second Respondent: Hamlet South West Limited Heard at: Bristol Employment Tribunal On: 23 and 24 January 2020 Before: Employment Judge J Bax Representation First Claimant: Mrs Freeman (in person) Second Claimant: Mr Freeman (in person Respondents: Mr J Allsop (Counsel)[1]The First Claimant’s claim, that the First Respondent failed to comply with its duty to provide information about a relevant transfer of an undertaking pursuant to regulations 13 and 15 of the Transfer of Undertakings (Protection of Employment) Regulations 2006, is well founded. The claim that there had been a failure to consult under the Regulations was not well founded.[2]The Second Claimant’s claim, that the First Respondent failed to comply with its duty to provide information about a relevant transfer of an undertaking pursuant to regulations 13 and 15 of the Transfer of Undertakings (Protection of Employment) Regulations 2006, is well founded. The claim that there had been a failure to consult under the Regulations was not well founded.[3]The First Claimant shall be paid appropriate compensation of 9 weeks pay (£3,946.14) for which the First and Second Respondents are jointly and severally liable.[4]The Second Claimant shall be paid appropriate compensation of 9 weeks pay (£3,904.56) for which the First and Second Respondents are jointly and severally liable. Case No: 1402261/2018, 1402262/2018, 1402979/2018, 1402981/2018 Employment Judge J Bax Date: 24 January 2020 Judgment sent to parties: 28 January 2020 FOR THE TRIBUNAL OFFICE Note Reasons for the judgment having been given orally at the hearing, written reasons will not be provided unless a request was made by either party at the hearing or a written request is presented by either party within 14 days of the sending of this written record of the decision. Case No: 1402261/2018 1402262/2018 1402979/2018 1402981/2018 EMPLOYMENT TRIBUNALS First Claimant: Mrs E Freeman Second Claimant: Mr A Freeman First Respondent: Mr I Gahan T/A Hambledon Estate Agents Second Respondent: Hamlet South West Limited Heard at: Bristol Employment Tribunal On: 6 April 2020 Before: Employment Judge J Bax[1]The claims, by both Claimants, for breach of contract, unlawful deductions from wages and accrued but unpaid holiday against the First Respondent, are dismissed upon their withdrawal by the Claimants. _____________________________ Employment Judge J Bax Date 6 April 2020 Note Reasons for the judgment having been given orally at the hearing, written reasons will not be provided unless a request was made by either party at the hearing or a written request is presented by either party within 14 days of the sending of this written record of the decision. Case No: 1402261/2018 1402262/2018 1402979/2018 1402981/2018 6.8 Judgment on Withdrawal rule 52 EMPLOYMENT TRIBUNALS Claimants: Mrs E Freeman & Mr A Freeman Respondents: 1. Mr Ian J Gahan T/a Hambledon Estate Agents Mr James Taton T/a Hamlet South West Limited