Mr A E Ali and Mr K Ambatzidis v Specialist Security Co Ltd: 1601355/2018 and 1601356/2018
JUDGMENT
The proceedings are dismissed following a withdrawal of the claim by the claimant. _____________________________ Employment Judge B Clarke _____________________________ JUDGMENT SENT TO THE PARTIES ON ........................................................................................ ........................................................................................ FOR THE TRIBUNAL OFFICE 4 July 2019 5 July 2019 Case Number: 1601355/2018 & Other 1 EMPLOYMENT TRIBUNALS Claimant: Mr A E Ali (C1) Mr K Ambatzidis (C2) Respondent: Dario Security Limited Heard at: Cardiff On: Tuesday 1 October and Wednesday 2 October 2019 Before: Employment Judge R L Brace Members: Mr W Davies Ms C Lovell Representation: Claimant: In person Respondent: Mr Maratos (Consultant) JUDGMENT Liability having been conceded by the respondent on the following:[1]In breach of contract, the respondent failed to give the claimants notice of the termination of employment or make a payment in lieu thereof.[2]In breach of Regulation 14(2) of the Working Time Regulations 1998, the respondent failed to pay the claimants a sum in lieu of holiday that they had accrued but not taken by the date on which their employment terminated.[3]The claimants were automatically unfairly dismissed contrary to Regulation 7 Transfer of Undertaking (Protection of Employment) Regulations 2006 (“TUPE”).[4]There was a failure to inform and consult under regulation 13 TUPE. Case Number: 1601355/2018 & Other 2 It is ordered the respondent pay the claimants the following sums in this regard: Mr A E Ali (C1)[1]Breach of contract (Notice) 2 weeks x £375.84 (net) £751.68 Pension contributions £93.96 Holidays 162.75 hours @ £7.83ph (gross) £1274.33[4]Unfair Dismissal Basic Award 2 x 1.5 x £469.80 £1,409.40 Compensatory Award Loss from 25 June 2018 – 26 October 2018 (17 weeks /514 hours) £3,217.64[5]Regulation 15 (1) TUPE Award 13 weeks’ pay x £469.80 £6,107.40 Total £12,854.41 The total amount the respondent must pay to Mr Ali (C1) is therefore £12,854.41. Mr Ali (C1) is responsible for any income tax or employee national insurance contributions that may be due on the sums awarded at paragraphs 3 above. Mr K Ambatzidis (C2)[1]Breach of contract (Notice) 3 weeks x £252.00 (net) £756.00 Pension contributions £51.53 Holidays 67.68 hours @ £7.83ph (gross) £530.87 Unfair Dismissal Basic Award 3 x £281.88 £845.64[5]Regulation 15 (1) TUPE Award 13 weeks’ pay x £281.88 £3,664.44 Total £5,848.48 The total amount the respondent must pay to Mr Ambatzidis (C2) is therefore £5,848.48. Mr Ambatzidis (C2) is responsible for any income tax or employee national insurance contributions that may be due on the sums awarded at paragraphs 3 above. Case Number: 1601355/2018 & Other 3