Mr Lewis Dowling v Wye Coffee Shop Ltd: 2300962/2020
JUDGMENT
The claimant is awarded the sum of £2178.REASONS
(1) The respondent had submitted a response 3 months out of time. There was no application from the respondent under rule 20.(2) The Tribunal had regard to the grounds of resistance stating that the Wye Coffee Shop Ltd was incorporated on 1 August 2019 and the accompanying payslips from (September 2019 to December 2019).(3) Following discussion with the claimant, the Tribunal considered that there had been a business transfer under TUPE from Wye Coffee and Kitchen Limited (‘the business’) to Wye Coffee Shop Ltd. There appeared to be a transfer of an economic activity which retained its identity. The Tribunal was informed that at least 2 employees were transferred, all the equipment was transferred, the business was continuing doing the same activity from the same premises serving the same customers.(4) The Tribunal noted that Wye Coffee and Kitchen Limited went in liquidation on 19 November 2019 when there was a resolution. On 20 November 2019, a liquidator was appointed. The Tribunal considers that in these circumstances regulation 8 (7) of the TUPE Regulations is not engaged to dis-apply TUPE as 1 of 2 Case Number:2300962 /2020 (V) the business was transferred to Wye Coffee Shop Ltd before it was under the supervision of an insolvency practitioner.(5) The Tribunal removes Victoria Lapish as a respondent in these proceedings and substitutes Wye Coffee Shop Ltd under rule 34.(6) The claimant was paid in cash. He says he suffered an unauthorised deduction of £146 in October 2019. The Tribunal noted there was no payslip for week beginning 11 October 2019. The claimant, who was paid in arrear, was also not paid £286 for his first week of employment. He is awarded these sums.(7) The claimant’s employment was terminated without notice on 14 December 2019. The claimant is awarded a week’s notice (statutory minimum) which is £286.(8) The claimant says he received holiday pay for September to December 2019. He was not paid holiday pay accrued for 1 February to 31 August 2019. He says he was owed 118 hours in total which equates to under 3 weeks. This amounts to £888 net (based on a weekly net figure of £286 on a 38-hour week).(9) The claimant did not receive a written statement of employment particulars. The claimant is awarded 2 weeks’ pay pursuant to S.38 Employment Act 2002 totalling £572.