C Davenport v C Humphreys and others: 1602442/2020
JUDGMENT
[1]The Tribunal finds that a transfer under the Transfer of Undertakings (Protection of Employment) Regulations 2006 on the 1st May 2020 did not take place. Accordingly, the Claimant remained employed by the Second Respondent.[2]The claims against the remaining Respondents are dismissed.[3]The Claimant’s claim for unfair dismissal is well founded and the Second Respondent should pay the claimant £2,617.07 in respect of redundancy pay and £1,731.56 in respect of compensatory award (calculated as £1,231.56 notice pay and £500 loss of statutory rights).[4]The Claimant’s claim for accrued unpaid holiday pay is well founded. The Second Respondent should pay the Claimant the sum of £394.92.[5]The Claimant’s claim for the failure to provide a written statement of particulars of employment is well founded. The Second Respondent should 10.2 Judgment - rule 61 February Case No: 1602442/2020 pay the Claimant the sum of £205.26.[6]The Claimant’s claim for failure to inform and consult under the Transfer of Undertakings (Protection of Employment) Regulations 2006 (Reg. 13) is not well found and is dismissed.[7]The Claimant’s claim for unauthorised deductions from her wages is not well founded and is dismissed.[8]The Claimant’s claim for wrongful dismissal is well founded but no compensation will be awarded due to the successful unfair dismissal claim.[9]The recoupment provisions apply to this judgment.