Ms J Ryan and Mr P Nikolov v Amyris UK Trading Ltd (in liquidation) and Beauty Labs International Ltd (in liquidation): 3309360/2023 and 2212608/2023
JUDGMENT
[1]The claimants were not employees of the first respondent, Amyris UK Trading Limited (in liquidation) at the relevant time. The complaints brought by the claimants against the first respondent are therefore dismissed because the Tribunal does not have jurisdiction to determine these complaints. Beauty Labs International Limited (in liquidation)[2]The complaints brought by the claimants proceed against the second respondent, Beauty Labs International Limited, the claimants’ employer at the relevant time. Ms J Ryan[3]The complaint of unfair dismissal is well founded. The first claimant, Ms Ryan, was unfairly dismissed by the second respondent, Beauty Labs International Limited (in liquidation).[4]There is a 50 % chance that the first claimant would have been fairly dismissed in any event.[5]The second respondent shall pay the first claimant the following sums:(a) A basic award of £0. The first claimant has been paid the correct statutory redundancy entitlement. Since the basic award for unfair dismissal and the statutory redundancy payment compensate for the same loss, the first claimant is not entitled to a basic award.(b) A compensatory award of £34,250 Made up of immediate loss of income between 7 October 2023 and 6 July 2024 (£33,750) and loss of statutory rights (£500). There is no award for future loss.(c) Total amount £34,250 Note that these are actual the sums payable to the first claimant after any deductions or uplifts have been applied.[6]The Employment Protection (Recoupment of Benefits) Regulations 1996 do not apply.[7]The complaint of unauthorised deductions from wages is well-founded. The second respondent, Beauty Labs Internation Limited, made an unauthorised deduction from the first claimant's wages by not paying the quarter one bonus due on 30 April 2023.[8]The second respondent shall pay the first claimant £6500, which is the gross sum deducted. The first claimant is responsible for the payment of any tax or National Insurance.[9]The first claimant is not entitled to a protective award under s189 TULRCA 1993. Mr P Nikolov[10]The Tribunal has territorial jurisdiction to hear the second claimant’s, Mr Nikolov’s complaints.[11]The second claimant was an employee of the second respondent, Beauty Labs International Limited, within the meaning of s230(1) of the Employment Rights Act 1996.[12]The complaint of unfair dismissal is well founded. The second claimant was unfairly dismissed by the second respondent.[13]The second respondent shall pay the second claimant the following sums: (d) A basic award of £1286. (e) A compensatory award of £5427.24. Made up of immediate loss of income between 26 September 2023 and 28 February 2024 (£4927) and loss of statutory rights (£500). There is no award for future loss. (f) Total amount £6713.24. Note that these are actual the sums payable to the second claimant after any deductions or uplifts have been applied.[14]The Employment Protection (Recoupment of Benefits) Regulations 1996 do not apply.[15]The second claimant is not entitled to a protective award under s189 TULRCA 1993. Approved by: