Mrs R Harris v Mr S Arithayas and Mrs K Natarajan: 1405111/2023
JUDGMENT
The judgment of the Tribunal is as follows: TUPE transfer[1]The Tribunal determines that the Claimant’s employment transferred to the Second Respondent on 1 May 2023 pursuant to the Transfer of Undertakings (Protection of Employment) Regulations 2006, with continuous service of 26 years (between 12 October 1996 and 1 May 2023). It is not in dispute that the reason for the Claimant’s dismissal on 14 May 2023 was redundancy.[2]The Tribunal determines that at the time of the Claimant’s dismissal she worked 23 hours a week, was entitled to statutory minimum notice of 12 weeks and had not received a written statement of employment particulars from the Second Respondent. Notice Pay[3]The complaint against the Second Respondent of breach of contract in relation to notice pay is well-founded.[4]By consent, it is determined that the Second Respondent shall pay the Claimant £2,185 as damages for breach of contract. This figure has been calculated using gross pay to reflect the likelihood that the claimant will have to pay tax on it as Post Employment Notice Pay. Redundancy Payment[5]The claim against the Second Respondent for a statutory redundancy payment is well-founded.[6]By consent, it is determined that the Second Respondent shall pay the Claimant a redundancy payment of £6,118. Failure to provide a written statement of employment particulars[7]The Second Respondent has never provided the Claimant with a written statement of employment particulars. The Tribunal awarded an amount equal to two weeks’ pay.[8]By consent it is ordered that the Second Respondent shall pay the Claimant £437. Holiday Pay[9]The claim for holiday pay was withdrawn by the Claimant and is dismissed. Other Payments[10]The claims for a payment in respect of an impact on the Claimant’s mental health, legal fees of £1,000 and 6 months’ earnings are dismissed. Claims against the First Respondent[11]All claims against the First Respondent are dismissed.