S Tepe v Aspiration London Ltd (in creditors voluntary liquidation): 2301874/2024
JUDGMENT
Having determined that the Claimant's claims for unfair dismissal, wrongful dismissal and unauthorised deductions from wages succeed, the Respondent is ordered to pay to the Claimant the total sum of £4,690.08, comprising a basic award for unfair dismissal of £1,849.83, wrongful dismissal damages of £204.75, and unauthorised deductions from wages of £2,635.50. The Respondent shall pay this sum to the Claimant within 14 days, gross (without deductions). The Claimant will be liable to report the sum received to HMRC and to pay any tax, national insurance or other statutory deductions properly due once she has received the payment.REASONS
[1]The Claimant appeared at the hearing. The Respondent did not attend despite being properly notified.[2]It appears to me that the Director of the respondent company may have repeatedly and unilaterally purported to change the employing company for his employees. He appears to have done so without consultation and in breach of any obligations under the Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE).[3]On the balance of probabilities, I am satisfied that Aspiration London Limited was the correct employer of the Claimant at the time of her dismissal on 30 January 2024. FINDINGS OF FACT ESTABLISHED BY EJ EVANS (18 SEPTEMBER 2024)[4]The Claimant was employed by the Respondent as a hairstylist from February 2020 until her summary dismissal on 30 January 2024.[5]The Claimant was 29 years old at the date of dismissal with 3 years' continuous service.[6]The Claimant's gross annual salary was £32,064 (£2,672 monthly, £616.61 weekly, £87.85 daily).[7]The Claimant's net annual salary was £24,912 (£2,076 monthly, £478.92 weekly, £68.25 daily). 2301874-2024[8]On 30 January 2024, the Claimant was summarily dismissed without notice when Mr. Andrew Pollard, the Director of the Respondent, informed her that the business was closing immediately.[9]The Claimant received no notice pay, nor was she paid for her work performed during January 2024.[10]The Respondent entered voluntary liquidation on 28 March 2024, with BBK Partnership appointed as liquidators.[11]The Claimant found alternative employment starting on 3 February 2024 at a higher salary than her previous position. AWARDS IN REMEDY[12]Based on these findings, I make the following awards, totalling £4,690.08:a. Unfair Dismissal: Basic Award: £1,849.83 (3 × weekly pay of £616.61)b. Wrongful Dismissal (Breach of Contract): £204.75 (3 days × £68.25 daily net pay)c. Unauthorized Deductions from Wages: £2,635.50 (30 days × £87.85 daily gross pay for January 2024)[13]Unfair Dismissal: The Respondent has failed to establish a potentially fair reason for dismissal under section 98 of the Employment Rights Act 1996. No fair procedure was followed, and no notice was given. The basic award is calculated according to the statutory formula based on the Claimant's age, length of service, and weekly pay.[14]Wrongful Dismissal: The Claimant was entitled to at least one week's notice under section 86 of the Employment Rights Act 1996. However, as she secured new employment after just 3 days, her damages for breach of contract are limited to the net pay she would have received during those 3 days.[15]Unauthorised Deductions: The Respondent failed to pay the Claimant for work performed in January 2024, constituting an unauthorised deduction from wages under section 13 of the Employment Rights Act 1996. APPROVED BY: Judge M Aspinall (sitting as an