Mrs M M Charman v UK Car Service Ltd and Ladysafe and Sons Ltd: 3311450/2024 and 6038355/2025
JUDGMENT
[1]Case No: 3311450/2024 and Case No: 6038355/2025 are consolidated and will be heard together. Case No : 3311450/2024[2]The following claims against the first respondent are well founded:a. The claim for a redundancy payment;b. The claim for breach of contract/notice pay;c. The claim for unpaid holiday pay accrued but not taken on termination of employment.[3]The claimant was dismissed by the first respondent on 4 September 2024.[4]The first respondent is to pay to the claimant:a. In respect of unauthorised deduction from wages between 1 August 2024 – 4 September 2024: 5 weeks X £303.46 = £1,517.30 gross of tax and NIb. In respect of notice pay: 12 weeks X £303.46 = £3,641.52 gross of tax and NIc. In respect of holiday pay accrued but not taken on termination of employment: £670.40 gross of tax and NI. Those sums are calculated gross but will be paid after deduction of tax and employee’s national insurance contributions.[5]The claimant is entitled to a Redundancy payment. The first respondent shall pay to the claimant £8,804.40.[6]The claim of failure to comply with a duty to consult in respect of a relevant transfer under the Transfer of Undertakings (Protection of Employment) Regulations 2006 is not well founded and is dismissed.[7]The claimant’s employment did not transfer to the third respondent. The claims against the third respondent are dismissed. Case No: 6038355/2025[8]The claim by the third respondent against the first respondent is dismissed. It was not reasonably practicable for the third respondent to present the claim within three months after the alleged relevant transfer but it was not presented within a reasonable further period. Therefore, the tribunal does not have jurisdiction to consider the claim. Approved by: