Mrs V Faichen v M Patterson and others: 2501775/2022
JUDGMENT
[1]By virtue of regulation 4 of the Transfer of Undertakings (Protection of Employment) Regulations 2006:a. the claimant’s employment with the third respondent was transferred to the second respondent in August 2022; andb. all of the third respondent’s duties and liabilities under or in connection with that contract were transferred to the second respondent.[2]The claimant’s complaint that the first and second respondent made deductions from her wages in contravention of section 13 of the Employment Rights Act 1996 by failing to pay the following amounts is well founded:a. £957.50 of wages earned in April 2022b. £1177.50 of wages earned in June 2022c. £3000 of wages due from 1 July 2022 to 9 September 2022.[3]The second respondent (Innovative Gifting Group Ltd) must pay to the claimant £5135 (subject to any deductions the respondent is required by law to make and pay to HMRC in respect of income tax or national insurance PHCM Order (NEW August 2020) 1 of 2 August 2020 Case Number: 2501775/22 referable to that sums), being the total amount deducted from the claimant’s wages in contravention of section 13 of the Employment Rights Act 1996.[4]The claims against the first and third respondents are dismissed.