Ms T Marsden v Ignition Pub Management Ltd and others: 2402061/2019

EMPLOYMENT TRIBUNALS

Case No 2402061/2019

Between

Ms T MarsdenClaimant

Ignition Pub Management Ltd (1) James Waddington (2) Red Bull (Hillgate) Limited (in liquidation) (3)Respondent

Before

Employment Judge Phil Allen

Mr B Norman (instructed by counsel) for claimant

Date 3 November 2019

JUDGMENT

The judgment of the Employment Tribunal is as follows:

[1]The claims against the second respondent are dismissed upon withdrawal.

[2]The third respondent did fail to inform the claimant or a representative appointed on her behalf of the information required in breach of the duty to do so under regulation 13 of TUPE.

[3]Under regulation 15(9) of TUPE the first and third respondent are joint and severally liable in respect of any compensation to be awarded arising from the breach.

[4]The first respondent failed to issue the claimant with a statement of changes to her employment particulars, when her employer changed, in breach of sections 1 and 4 of the Employment Rights Act 1996.

[5]There was an unlawful deduction from wages due to the claimant by the first respondent in the sum of £555.23, as was agreed by the first respondent.

[6]The first respondent has failed to pay the claimant the sum of £513.05 for accrued but untaken holidays pursuant to the Working Time Regulations 1998, as was agreed by the first respondent. Case No: 2402061/2019

[7]The claimant did make protected disclosures: to HMRC in a telephone call on 15 February 2015; and to the second respondent in a meeting on 4 March 2019. However, the disclosures were not the principal reason for the claimant’s dismissal by the first respondent and accordingly her claim under section 103A of the Employment Rights Act 1996 does not succeed.

[8]The claimant was dismissed by the first respondent for asserting a statutory right. Her claim for unfair dismissal under section 104 of the Employment Rights Act 1996 succeeds.