Miss M Tillotson v SMC Premier Group Ltd and MYA Cosmetic Surgery Ltd (in administration): 1806171/2020
JUDGMENT
[1]There was not a relevant transfer from the First to the Second Respondent on 16th July 2020 (or at any other time) under regulation 3 (1) (b) (iii) of the TUPE Regulations 2006, because the condition in regulation 3 (3) is not satisfied. The Second Respondent client did not ever intend that cleaning activities after any alleged service provision change, unilaterally asserted by the First Respondent contractor to have taken place, would be carried out by in itself as transferee. The engagement of the Claimant as a cleaner in or about October 2020, whether by the Second Respondent or by MYA Clinics Ltd (in creditors voluntary liquidation) or by any other person, was for a task of short-term duration pending the closure of the premises at 4 Lisbon Square Leeds and the removal to new premises in Morley in December 2020.[2]The Second Respondent is therefore removed from these proceedings.[3]The claims against the First Respondent will continue to final hearing.[1]It is declared that the Claimant is entitled to a redundancy payment from the Respondent of £295.56.[2]The Claimant’s claim of unfair dismissal is well founded and succeeds.[3]There is no order for a basic award in respect of the successful unfair dismissal claim, as it is extinguished by virtue of the statutory redundancy payment.[4]The Respondent shall pay the Claimant the equivalent of one weeks pay in compensation, in respect of the unfair dismissal, in the sum of £98.52.[5]The Respondent failed to pay the Claimant in lieu of accrued holiday.[6]The Respondent shall pay the Claimant £114.94 in respect of seven unpaid accrued holiday days, which includes four days carried over from the previous year.[7]The Respondent failed to provide the Claimant with notice of dismissal and shall Case Number 1806171/2020 therefore pay the Claimant two-weeks notice pay in the sum of £197.04[8]The total sum to be paid to the Claimant by the Respondent is £706.06[9]The Claimant is responsible for the payment of any tax and national insurance associated with the above payments.