Mrs A Sharma v Guestlogix Technologies Ltd and Guestlogix UK Ltd: 3300117/2017
JUDGMENT
[1]The first respondent, Guestlogix Technologies Limited, and the second respondent, Guestlogix UK Limited failed to inform and consult with the claimant regarding the potential transfer of her employment from the first respondent to the second respondent, in accordance with regulation 13 of the Transfer of Undertakings (Protection of Employment) Regulations 2006. The first and second respondents are ordered to pay to the claimant 13 weeks gross pay.[2]The claimant was unfairly dismissed. 2.1. The claimant’s dismissal was unfair within the meaning of section 98(4) of the Employment Rights Act 1996; and 2.2. The claimant dismissal was unfair by reason of the regulation 7(1) of the Transfer of Undertakings (Protection of Employment) Regulations 2006.[3]The claimant was wrongfully dismissed. The claimant is entitled to 1 month notice pay.[4]The first and second respondents are jointly and severally liable for any award made in respect of the matters set out in paragraphs 2 and 3.[5]The claimant was entitled to updated employment particulars, detailing the name of her new employer. The claimant is entitled to compensation because of the respondent’s failure to provide her updated employment particulars. The second respondent is ordered to pay to the claimant four weeks pay. Case No. 3300117/2017 2[6]Any remedy to which the claimant is entitled will be determined upon receipt of the following further information from the claimant; 6.1. A copy of the claimant’s contract of employment and or statement of terms and conditions of employment with the first respondent; and 6.2. A schedule of loss The further information should be sent to the employment tribunal and copied to the respondents to arrive no later than 11 May 2017. …………..………………………………...…