Miss A Ball v 1st Civils Ltd and Hudson Reign Developments Ltd: 2400040/2021
JUDGMENT
[1]The claimant transferred under the Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE) from the first respondent (1st Civils Ltd) to the second respondent (Hudson Reign Developments Ltd) on 9 November 2020.[2]The claimant was unfairly dismissed by the second respondent (Hudson Reign Developments Ltd) on 9 November 2020.[3]The claimant is awarded a basic award for unfair dismissal to be paid by the second respondent (Hudson Reign Developments Ltd) of £1,614.[4]The claimant is awarded a compensatory award for unfair dismissal (including an uplift of 20% as a result of the second respondent’s unreasonable failure to follow the ACAS code of disciplinary and grievance procedures) to be paid by the second respondent (Hudson Reign Developments Ltd) of £47,249.[5]There were unauthorised deductions made from the claimant’s wages of £6,607. The unauthorised deductions were made by the first respondent (1st Civils Ltd), but are the liability of (and must be paid by) the second respondent (Hudson Reign Developments Ltd) as a result of the TUPE transfer.[6]The second respondent (Hudson Reign Developments Ltd) failed to pay the claimant the amount due for accrued but untaken annual leave outstanding as at the termination date and must pay the claimant the sum of £3,884 (a sum which has been uplifted by 20% as a result of the second respondent’s unreasonable failure to follow the ACAS code of disciplinary and grievance procedures).[7]The second respondent breached the claimant’s contract of employment by dismissing her without notice or pay in lieu of notice and is ordered to pay the claimant damages in the sum of £5,119.[8]The claims against the first respondent did not succeed and are dismissed, it having been found that the claimant transferred to the second respondent.