Ms D Thompson v Safeguard SVP Ltd (In Administration): 3201349/2023
JUDGMENT
[1]The Claimant’s claims of unfair dismissal, breach of contract, unpaid holiday pay and failure to consult contrary to the Transfer of Undertakings (Protection of Employment) Regulations 2006 (“TUPE”) all succeed as the Respondent has failed to file a Response to the Claimant’s claims and thus I award Judgment in accordance with Rule 21. Employment Judge R S Drake 30 October 2024 Case Number: 3201349/2023 1 EMPLOYMENT TRIBUNALS Claimant: Mrs D Thompson Respondent: Safeguard SVP Ltd (in Administration) Heard at: East London Employment Tribunal On: 14 February 2025 Before: Employment Judge C Lewis Representation Claimant: Ms Louisa Simpson - Counsel Respondent: Did not attend and had not entered a Response UPON the Respondent’s administrators having consented in writing on 21 July 2023 to the proceedings continuing. AND UPON a Judgment having been issued by Employment Judge R S Drake on 30 October 2024 under Rule 21 of the Employment Tribunal Rules of Procedure 2013. REMEDY JUDGMENT[1]Unfair dismissal 1.1The Respondent shall pay the Claimant the following sums:(a) A basic award of £13,105.72(b) A compensatory award of £28,999.88 (including 25% uplift)[2]Breach of contract 2.1 The Respondent shall pay the Claimant (£6,692.28 plus 25% uplift) £8365.35 as damages for breach of contract. This figure has been calculated using gross pay to reflect the likelihood that the Claimant will have to pay tax on it as Post Employment Notice Pay. Case Number: 3201349/2023 2[3]Unauthorised deduction from wages section 23 Employment Rights Act 1996 - holiday pay 3.1 The Respondent shall pay the Claimant (£650.65 plus 25% uplift) £812.50. The Claimant is responsible for paying any tax or National Insurance.[4]Failure to inform and consult in breach of regulation 15 of the Transfer of Undertakings (Protection of Employment) Regulations 2006 4.1 The Respondent shall pay the Claimant 13 weeks gross pay being the sum of £7,249.97. The Claimant is responsible for paying any tax or National Insurance.[5]Non-compliance with ACAS Code 5.1 The Respondent unreasonably failed to comply with the ACAS Code of Practice on Disciplinary and Grievance Procedures 2015 and it is just and equitable to increase the: i) compensatory award for unfair dismissal, ii) award for unauthorised deductions from wages, iii) damages for breach of contract, payable to the Claimant by 25 % in accordance with s 207A Trade Union & Labour Relations (Consolidation) Act 1992.