Ms L Munkley v Future 4000 Ltd (In CVL) and others: 3314142/2019
[1]The hearing was conducted by CVP remote video link.[2]Tribunal heard evidence on oath and read documents provided by the parties and determined as follows. Transfers under regulation 3 TUPE Regulations 2006[3]There were relevant transfers of an economic entity, namely the Fifield Inn, which retained its identity, as follows:2.1 From the 1st Respondent to the 2nd Respondent on 14 September 2018;2.2 From the 2nd Respondent to the 3rd Respondent on 7 January 2019. Case Number: 3314142/2019(V) Page 2 of 4 Transfers under regulation 4 TUPE Regulations 2006[4]The Claimant’s employment at the Fifield Inn transferred from the 1st Respondent to the 2nd Respondent on 14 September 2018.[5]The Claimant’s employment at the Fifield Inn transferred from the 2nd Respondent to the 3rd Respondent on 7 January 2019. Unfair Dismissal – section 98 Employment Rights Act 1996[6]The Claimant was dismissed on 19 January 2019 from her employment as an Assistant Manager. The dismissal was unfair. This complaint succeeds. Redundancy Payment – section 135 Employment Rights Act 1996[7]The Claimant was entitled to a redundancy payment. This complaint succeeds. Notice Pay – section 86 Employment Rights Act 1996[8]The Claimant was entitled to notice pay. This complaint succeeds. Direct Sex Discrimination – section 13 Equality Act 2010[9]The Claimant was not subjected to sex discrimination. This complaint fails and is dismissed. Direct Maternity Discrimination – section 18 Equality Act 2010[10]The Claimant was subjected to maternity discrimination. This complaint succeeds. Unpaid Holiday Pay – regulation 30 Working Time Regulations 1998[11]The Claimant was owed holiday pay. This complaint succeeds. Unpaid Wages – section 13 Employment Rights Act 1996[12]The Claimant was owed wages. This complaint succeeds. Application for Preparation Time Order[13]The Claimant’s application for a preparation time order against the 2nd Respondent was refused. Table of Calculation of Compensation[14]Unfair dismissal Basic Award 3 weeks x £423.08 1,269.24 Compensatory Award Loss of Earnings 10 weeks x £343.75 3,437.50 (19 Jan 19 – 29 Mar 19) Loss of Statutory Rights 400.00[15]Redundancy Payment 3 weeks x £423.08 – cancelled out by basic award above 000.00 Case Number: 3314142/2019(V) Page 3 of 4[16]Notice Pay 3 weeks x £343.75 – subsumed into loss of earnings above 000.00[17]Maternity Discrimination Injury to Feelings 2,500.00 Interest at 8% for 2 years 5 Months 481.09 (9 Sep 18 – 4 Feb 21 = 878 days) Increase of 25% for unreasonable failure to comply with the ACAS Grievance Code of Practice 625.00[18]Unpaid Holiday Pay Holiday pay accrued during maternity leave 31 days at £68.75 2,131.25 Increase of 25% for unreasonable failure to comply with the ACAS Grievance Code of Practice 532.81[19]Unpaid Wages Underpayment of SMP 364.75 (25 Nov 17 – 06 Jan 18) Last payment of SMP 148.68 (Sep 18) Total Award £11,890.32[20]Recoupment The Claimant claimed benefits and the Employment Protection (Recoupment of Benefits) Regulations 1996 apply. The monetary award is £11,890.32. The amount of the prescribed element is £3,437.50. The dates of the period to which the prescribed element is attributable is 19 Jan 19 – 29 Mar 19. The amount by which the monetary award exceeds the prescribed element is £8,452.82. The effect of the Regulations is that payment of the prescribed element is stayed and should not be paid to the Claimant, until the Secretary of State has served a recoupment notice on the employer in respect of benefits paid to the Claimant or has notified the employer in writing that he does not intend to Case Number: 3314142/2019(V) Page 4 of 4 serve a recoupment notice. Payment of Compensation[21]The 3rd Respondent is ordered to pay the sum of £11,890.32 to the Claimant, subject to the stay regarding the prescribed element referred to above. Reasons – rule 62 of Schedule 1 to the Employment Tribunals (Constitution and Rules of Procedure) Regulations 2013[22]Reasons for this judgment were given orally at the hearing. Written reasons will not be provided unless a written request is presented within 14 days of the date this judgment is sent to the parties. Public Access to Employment Tribunal Judgments[23]The parties are informed that all judgments and reasons for judgments are published, in full, online at www.gov.uk/employment-tribunal-decisions shortly after a copy has been sent to the Claimant and the Respondents . I confirm that this is the Judgment in the case of Ms L Munkley v Future 4000 Ltd, The Ginger Dog Pub Company Limited and Lovely Little Pubs Ltd case no. 3314142/2019 and that I have dated the Judgment and signed by electronic signature. _____________________________ Employment Judge Vowles Date: 4 February 2021 Sent to the parties on: 26 March 2021 …………....................... ....................................... For the Tribunals Office