Mr M Williams and others v Unit Superheater and Engineering Ltd: 1601838/2018
JUDGMENT
In the absence of an ET3 response form from the respondent, and there being sufficient material before me to enable a proper determination to be made, I uphold the following claims• Failure to Consult Transfer of Undertakings• Unlawful Deduction from Wages/Holiday Pay This judgment applies to liability only. I act in accordance with my powers under Rule 21 of the Employment Tribunal’s Rules of Procedure 2013. Case Number: 1601838/2018 EMPLOYMENT TRIBUNALS Claimant: Mr M Williams Second Respondent: Unit Superheater Engineering Limited Heard at: Swansea On: 18 July 2018 Before: Employment Judge Beard Representation: Claimant: Mr R Johns (Counsel) Second Respondent: Ms K Gardner (Counsel) REVIEW JUDGMENT[1]The second respondent’s application to enter a response is permitted in respect of the claimants’ claims of a failure to inform and consult pursuant to regulation 13 of the Transfer of Undertakings Protection of Employment Regulations 2006, and the draft response prepared shall stand as the response to those claims.[2]The second respondent’s application to enter a response is refused in respect of the claimants’ claims of an unlawful deduction of wages (holiday pay) pursuant to regulation 16 of the Working Time Regulations 1998.[3]The claimants’ claims of an unlawful deduction of wages (holiday pay) pursuant to regulation 16 of the Working Time Regulations 1998 are well founded and the claims shall be set down for a remedy hearing.