Mr A Snaith v Keebar Construction Ltd (in compulsory liquidation) and Others: 2500668/2018
JUDGMENT
[1]The claims against the first and third respondent and not well-founded and are dismissed.[2]In respect of the second respondent, the claim of failure to inform and consult under the Transfer of Undertakings (Protection of Employment) regulations 2006 is not well-founded and is dismissed.[3]The claim of outstanding holiday pay is not well founded and is dismissed.[4]It is declared that there was a failure by the second respondent to provide itemised pay statements. The Tribunal makes no order for payment to the claimant in this regard.[5]The claim for redundancy payment is well-founded and succeeds. The claimant is entitled to a statutory redundancy payment in the sum of £1,467.00.[6]The claim of unfair dismissal is well-founded and succeeds. The second respondent is ordered to pay the claimant the sum of £500.[7]The claim of breach of contract – notice pay is well-founded and succeeds and the second respondent is ordered to pay to the claimant the sum of £910.90. This is a net figure and the second respondent is responsible for the payment of any tax and national insurance thereon.[8]The second respondent failed to provide the claimant with the duty to give a written statement of employment particulars and, pursuant to section 38 of the Employment Act 2002, the second respondent is ordered to pay the claimant an amount equal to 4 weeks’ pay subject to the statutory maximum (£489) – £1,956.00.[9]The claim of unauthorised deduction from wages is well-founded and succeeds and the second respondent is ordered to pay to the claimant the net sum of 1,281.00. This is a net figure and the second respondent is responsible for the payment of any tax and national insurance thereon. The total amount ordered to be paid by the second respondent to the claimant is £6,114.90.