Miss K Jones and Miss S Parr v Smoke-King and others: 1800552/2019 and 1800553/2019
JUDGMENT
[1]The First Respondent is dismissed from these proceedings.[2]The title of the Second Respondent is amended to Mr Paul Green trading as Greens of Leeds.[3]There was a transfer of the business of Greens of Leeds from the Second to the Third Respondent on 16th November 2018.[4]The complaints of a failure to inform and consult, contrary to regulations 13, 13A and 15 of the Transfer of Undertakings (Protection of Employment ) Regulations 2006 are well founded.[5]The Second and Third Respondent are jointly and severally liable to pay to the Claimants appropriate compensation assessed at 7 weeks’ pay as follows: Miss Jones £2772.00 Miss Parr £1960.00[6]The claims of constructive unfair dismissal succeed and the Third Respondent is ordered to pay to the Claimants compensation as follows; Cases: 1800552/2019 & 1800553/2019 Basic Award Miss Jones £4752.00 Miss Parr £2520.00 Compensatory Award (reduced in each case by 50 per cent because of contributory conduct) Miss Jones gross pay in lieu of notice £1584.00 Miss Parr gross pay in lieu of notice £840.00[7]The Third Respondent is further ordered to pay an additional award in the sum of 2 weeks’ pay under section 38 Employment Act 2002 to each Claimant as follows: Miss Jones £792.00 Miss Parr £560.00[8]The total sums awarded to each Claimant are therefore as follows; Miss Jones £9900.00 Miss Parr £5880.00