Miss A Greener v Ms A West & Mr E Mooney (T/a The Milan Bar) and others: 2401853/2016
JUDGMENT
[1]The complaints of: unfair dismissal, breach of contract by failing to give notice or pay in lieu, failure to pay accrued holiday pay, failure to consult in respect of a transfer of employment and failure to provide terms and conditions of employment are well-founded.[2]The claimant’s employment by the second respondent having transferred to the third respondent, the third respondent is liable to pay the claimant in respect of the remedies afforded to her.[3]The third respondent shall pay compensation to the claimant calculated as follows: Unfair dismissal Basic award (11 x 1.5 x 112.50) 1,856.25 Compensatory award Loss of earnings 18.6 weeks x 112.50 2,092.50 (less notice pay) 1,237.50 755.00 Loss of statutory rights 225.00 980.00 £2,836.25 Breach of Contract (11 x 112.50) £1237.50 Accrued Unpaid Holiday (5.6 x 112.50) £630.00 Failure to consult in respect of transfer (4 x 112.50) £450.00 Failure to provide a statement of terms and conditions (4 x 112.50) £450.00 Total Award £5,603.75[4]The provisions of the Employment Protection (Recoupment of Benefits) Regulations 1996 (“the Recoupment Regulations”) do not apply to this award.[5]The third respondent shall pay the sums awarded to the claimant within 14 days of the date of this judgment being sent to the parties.