Miss D Bendar and Mr J Sumner v On Electrical Contractors Ltd (in creditors voluntary liquidation) and Others: 2403442/2023 and Others

EMPLOYMENT TRIBUNALS

Case No 2403442/2023

Between

(1) Miss D Bendar (2) Mr J SumnerClaimant

(1) On Electrical Contractors Ltd (in creditors voluntary liquidation) (2) On Electrical Contractors and Services Ltd (3) Secretary of State for Business Energy and Industrial StrategyRespondent

Before

Employment Judge Ainscough

Date 21 February 2024

JUDGMENT

[1]There was a relevant transfer between the first respondent and the second respondent on 21 October 2022 in accordance with regulation 3(1)(a) of the Transfer of Undertakings (Protection of Employment) Regulations 2006.

[2]There was a resolution to wind up the first respondent on 31 October 2022 and liquidators were appointed.

[3]The first and second claimants therefore have no right to payment from the third respondent in accordance with part 12 of the Employment Rights Act 1996.

[4]The second respondent is liable for monies owed to the first and second claimants as a result of the relevant transfer.

[5]The second respondent is ordered to pay the first claimant the gross sum of £6000 for unlawful deduction from wages from 15 August 2022 until 21 October 2022 in accordance with section 13 of the Employment Rights Act 1996.

[6]The first claimant’s claims for redundancy pay and accrued holiday pay on termination of employment are dismissed because the first claimant’s employment transferred to the second respondent on 21 October 2022.

[7]The second respondent is ordered to pay the second claimant £10,278 as redundancy payment in accordance with section 135 of the Employment Rights Act 1996. The second claimant worked for the first respondent for 12 years. The second claimant was over the age of 41 for the duration of his employment with the first respondent and is therefore entitled to 1.5 weeks gross pay, capped at £571, for each year of employment.

[8]The second respondent is ordered to pay the second claimant the gross sum of £4108.56 in accrued holiday pay on termination of employment in accordance with regulation 14 of the Working Time Regulations 1998. The first respondent’s holiday year ran from 1 January – 31 December. On termination of employment 80% of the leave year had expired and the second clamant had not taken any holidays. The second claimant was entitled to 30 days holiday each year. The second claimant had accrued 24 annual leave days on termination of employment. The claimant’s daily rate of pay was £171.19.