Miss A Hussain and Others v Dippy Co Ltd: 2406794/2024 and Others
JUDGMENT
[1]The claimants Miss A. Hussain, Mr K. Platt, Mr H. Bhatti and Mr Y. Muhsin were employees within the meaning of Regulation (2) Transfer of Undertakings Protection of Employment “TUPE” regulations2006 and section 230(1) Employment Rights Act 1996.[2]The above named claimants did not object to the transfer of an undertaking within the meaning of regulation 4(7) TUPE Regulations 2006.[3]The respondent has not shown an economic technical or organisational reason for dismissal within the meaning of regulation 7 (2) TUPE Regulations 2006.[4]The above named claimants were therefore unfairly dismissed pursuant to Regulation7(1) TUPE 2006.[5]There is no deduction for contributory fault in the basic or compensatory award pursuant to s122(1) or s123(6) Employment Rights Act for any of the above named claimants. Case Number: 2406794/2024, 2406797/2024,2406798/2024 &2406800/2024[6]There is no reduction of the compensatory award for any of the above named claimants under the principle in Polkey v AE Dayton Services Limited 1987 UKHL 8.[7]There is no uplift in the above named claimants’ compensation for the Respondent’s failure to follow the Acas Code of Practice and no reduction in the claimants’ compensation for their failure to follow the Acas Code of Practice.[8]The claim of Mr K Platt is dismissed for non-attendance at this Hearing pursuant to Rule 47 Employment Rules of Procedure 2024.[9]The claims will proceed to a Remedy Hearing at 10am on 2 July 2026 at Alexandra House, 18-22 Parsonage Manchester M3 2JA. Approved by: