Mrs Tracy Howard and others v Exclusive Contract Services Ltd and Premium Support Services Ltd: 3300360/2019 to 3300378/2019

EMPLOYMENT TRIBUNALS
Case No 3300360/2019, 3300378/2019
Ms I Saran (Counsel)ClaimantExclusive Contract Services Ltd and Premium Support Services LtdRespondent
Employment Judge SmailMs I Saran (instructed by Counsel) for claimantDate 14 October 2020

JUDGMENT

[1]The claims of Mrs Rajwinder Kaur Goraya, Mrs L Webb, Mrs L Goode, Mrs R Ghuman and Mrs K Iwamir Thembe are dismissed upon withdrawal.[2]The claims of Mr B. Bhatti, Ms Jaspel Kaur, Mr S. Lambird, Mr I Davidson, Mr M McCoy, Mrs T More, Miss S. Vanova are struck out for non-pursuit. Case Numbers: 3300360/2019 to 3300378/2019[3]The First Respondent breached regulation 13 and 14 of the TUPE Regulations 2006 by failing to enable the nomination and/or election of a second employee representative.[4]The First Respondent breached regulation 13 of the TUPE Regulations by failing to provide information about the transfer in writing to the sole employee representative.[5]The First Respondent must pay the 7 claimants two weeks’ pay each if and only if the Second Respondent fails to pay the settlement agreement with the Claimants of 7 weeks’ pay each, which amounts act, as conceded by the Claimants, as credits against the First Respondent’s indebtedness to the Claimants.