Mrs C Scott v Novo Construction Ltd (in liquidation) and Novo Contractors Ltd: 3328457/2017

EMPLOYMENT TRIBUNALS

Case No 3328457/2017

Between

Mrs Candace ScottClaimant

(1) Novo Construction Limited (in liquidation) (2) Novo Contractors LimitedRespondent

Before

Employment Judge Brown

In person for claimant

Date 22 May 2018

JUDGMENT

[1]It is hereby declared, by consent of the Claimant and the Second Respondent, that there was a relevant transfer of the Claimant’s employment from the First Respondent to the Second Respondent on 1 August 2017.

[2]The Claimant’s application to amend her claim to complain that the Respondents failed to inform and consult pursuant to regulation 15, Transfer of Undertakings (Protection of Employment) Regulations 2006 is refused.

[3]The Claimant’s application to amend her claim to complain that her dismissal was unfair pursuant to s. 104, Employment Rights Act 1996 is refused.

[4]The Claimant’s application to amend her claim to pursue a claim of breach of contract against the Second Respondent in respect of unpaid commission is granted.

[5]In breach of contract, the Second Respondent has failed to pay, and shall pay, to the Claimant the sum of £17,149.45.

[6]The Claimant’s complaint that she suffered unauthorised deductions from her wages is dismissed. Judgment - Rule 61 Case Numbers: 3328457/17 3328490/17

[7]It is hereby declared that the Second Respondent unfairly dismissed the Claimant.

[8]The Second Respondent shall pay to the Claimant a basic award of £1,956.

[9]The Second Respondent shall pay to the Claimant a compensatory award of £10,752.84.