Ms Shavonne Johnson v Mr Greenwood T/a The Dolphin: 2503601/2018

EMPLOYMENT TRIBUNALS

Case No 2503601/2018

Between

Ms Shavonne JohnsonClaimant

Mr Greenwood T/a The DolphinRespondent

Before

Employment Judge Garnon

Date 1 March 2019

REASONS

[1]The claims were presented on 21 December 2018 against “Mr Greenwood” but the text of the claim makes clear he was trading as a public house called “The Dolphin”. The claim was served by post to the trading address of the respondent on 30 January 2019 and has not been returned as undelivered in the postal system.

[2]The response was due by 27 February 2019 but none was received. I am required by Rule 21 of the Employment Tribunals Rules of Procedure 2013 to decide on the available material whether a determination can be made and, if so, obliged to issue a judgment which may determine liability and remedy. I have in the claim form sufficient to enable me to find the claims proved on balance of probability and determine the sums to be awarded. I would not normally issue a judgment against a respondent described only by his surname, so must explain why no other course is practicable. 3.The claimant started work at The Dolphin on 3 April 2011. On 2 May 2018 the then proprietor died. His brother kept the pub trading until 4 June when it was taken over by a couple who ran it for 16 weeks then told the claimant on 28 September another owner would be taking over and her employment would transfer to him by virtue of the Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE). The pub was to be closed for a short time for refurbishment and due to reopen on 20 October 2018. The claimant then tried to contact the new owner on several occasions without success so posted a letter through the door of the pub with her name and number. The next day she received a text from Mr Greenwood informing her the pub no longer needed staff.

[4]The claimant was born on 1 January 1987. Her week’s pay was £86.13 gross which is 11 hours at the National Minimum Wage. Her net pay was the same.

[5]The law relating to unlawful deduction of wages is in Part 2 of the Employment Rights Act 1996 (the Act) , that relating to redundancy payments is in Part 11 and that relating to compensation for untaken annual leave in the Working Time Regulations 1998 ( WTR). At common law, a contract of employment may be brought to an end only by reasonable notice. Statutory minimum periods of notice are set out in s 86 of the Act .

[6]This dismissal is a perfect example of a redundancy following a relevant transfer under TUPE so the new owner is liable to pay. The claimant engaged in Early Conciliation through ACAS which lasted its full four weeks, which strongly suggests ACAS made contact with Mr Greenwood, or tried to. I am satisfied he has received the claim and chosen not to respond. No other course I take would enable the claimant to give the Tribunal better information as to his forenames.. TM Garnon