Mr I Chikwenya v Daykin Ltd and Dreams Bistro Ltd: 2601617/2022
JUDGMENT
[1]The claim of unfair dismissal fails and is dismissed.[2]It is declared that there was a transfer of an economic entity which retained its identity between the first and Mr Martzellos (acting in partnership on behalf of himself and his sisters) on 30 May 2022 and a second transfer of an economic entity between that partnership and the second respondent on 7 June 2022.[3]The claim of failure to consult succeeds against the first respondent. The claimant is entitled to a protective award calculated in the sum of 9 weeks pay (£543.75 x 9) £4,893.75. Case number: 2601617/2022[4]The claim of breach of contract in respect of notice succeeds against the second respondent. The claimant has fully mitigated his loss and no award of damages is made.[5]It is declared that the claimant suffered an unauthorised deduction from wages during the period between 30 May and 16 June 2022 inclusive during which received no pay. The second respondent shall pay the claimant the net sum of £1,067.81.[6]The claim for accrued but outstanding holiday succeeds. The second respondent shall pay the claimant the net sum of £588.84