Mr S Rashid v 900 Degrees Ltd and Prezzo Ltd (in voluntary arrangement): 2414603/2018
JUDGMENT
[1]There was no TUPE transfer within the meaning of Regulation 3 Transfer of Undertaking (Protection of Employment) Regulations 2006 between Prezzo Limited and 900 Degrees Limited.[2]The claimant’s claim for unfair dismissal against the second respondent Prezzo Limited is well founded and succeeds. I order the respondent to pay the claimant a basic award of £1,695.20 and a compensatory award of £600 within 14 days of the date of this judgment. The Recoupment Regulations do not apply.[3]The claimant’s claim for accrued but untaken holiday pay on termination of employment is well founded and I order the respondent to pay the claimant £719.38.[4]The total sum payable by Prezzo Limited to the claimant is £4,453.34 within 14 days of the date of this judgment. Case No. 2414603/18 2 Employment Judge Ross Date 29 April 2019[1]This guidance note should be read in conjunction with the booklet, ‘The Judgment’ which can be found on our website at www.gov.uk/government/publications/employment-tribunal-hearings-judgment-guide-t426 If you do not have access to the internet, paper copies can be obtained by telephoning the tribunal office dealing with the claim.[2]The Employment Tribunals (Interest) Order 1990 provides for interest to be paid on employment tribunal awards (excluding sums representing costs or expenses) if they remain wholly or partly unpaid more than 14 days after the date on which the Tribunal’s judgment is recorded as having been sent to the parties, which is known as “the relevant decision day”.[3]The date from which interest starts to accrue is the day immediately following the relevant decision day and is called “the calculation day”. The dates of both the relevant decision day and the calculation day that apply in your case are recorded on the Notice attached to the judgment. If you have received a judgment and subsequently request reasons (see ‘The Judgment’ booklet) the date of the relevant judgment day will remain unchanged.[4]“Interest” means simple interest accruing from day to day on such part of the sum of money awarded by the tribunal for the time being remaining unpaid. Interest does not accrue on deductions such as Tax and/or National Insurance Contributions that are to be paid to the appropriate authorities. Neither does interest accrue on any sums which the Secretary of State has claimed in a recoupment notice (see ‘The Judgment’ booklet).[5]Where the sum awarded is varied upon a review of the judgment by the Employment Tribunal or upon appeal to the Employment Appeal Tribunal or a higher appellate court, then interest will accrue in the same way (from "the calculation day"), but on the award as varied by the higher court and not on the sum originally awarded by the Tribunal.[6]‘The Judgment’ booklet explains how employment tribunal awards are enforced. The interest element of an award is enforced in the same way. Case No. 2414603/18 1 EMPLOYMENT TRIBUNALS Claimant: Mr S Rashid Respondents: 900 Degrees Limited[2]Prezzo Limited (in voluntary arrangement) HELD AT: Manchester ON: 5 April 2019 BEFORE: Employment Judge Ross REPRESENTATION: Claimant: 1st Respondent: 2nd Respondent In person Mr A Dino, Director Not in attendance CORRECTED JUDGMENT The judgment of the Tribunal is that:[1]There was no TUPE transfer within the meaning of Regulation 3 Transfer of Undertaking (Protection of Employment) Regulations 2006 between Prezzo Limited and 900 Degrees Limited.[2]The claimant’s claim for unfair dismissal against the second respondent Prezzo Limited is well founded and succeeds. I order the respondent to pay the claimant a basic award of £1,695.20 and a compensatory award of £600 within 14 days of the date of this judgment. The Recoupment Regulations do not apply.[3]The claimant’s claim for accrued but untaken holiday pay on termination of employment is well founded and I order the respondent to pay the claimant £719.38.[4]The claimant is entitled to notice pay in the sum of £1,438.76[5]The total sum payable by Prezzo Limited to the claimant is £4,453.34 within 14 days of the date of this judgment. Case No. 2414603/18 2 Employment Judge Ross Date 29 April 2019