Mr A Orchard v Integro Packaging (Deeside) Ltd (in Liquidation) and Sentinel Packaging Ltd: 2421165/2017
JUDGMENT
[1]The claimant’s employment transferred to the second respondent under the Transfer of Undertakings (Protection of Employment) Regulations 2006 (the TUPE Regs)[2]The Claimant was constructively dismissed under Regulation 7 of the TUPE Regs). Such dismissal was unfair.[3]The Respondent is Ordered to pay to the claimant the sum of £6421 as compensation for unfair dismissal. Calculated as follows:a. Basic award in the sum of £6071.52b. Compensatory award £350 for loss of statutory rights.[4]The Respondent made an unlawful deduction from the claimant’s wages. The Respondent is Ordered to pay to the claimant the sum of £1335.11 representing 25 days pay which the Claimant was not paid.[5]The Respondent failed to consult with the Claimant in breach of its obligation under Regulation 13 of the TUPE Regs. The Respondent is Ordered to pay to the Claimant the sum of £4047.68 representing 13 weeks pay calculated £311.36 per week.[6]No damages are payable for breach of contract pursuant to Regulation 4(10 of the TUPE Regs.[7]The recoupment provisions do not apply to any part of this award.