Mr J North v Foster Property Maintenance Ltd and Mapps Group Ltd: 3334754/2018
JUDGMENT
[1]The claimant was an employee within the meaning of section 230 (1) Employment Rights Act 1996.[2]There was a transfer of an undertaking between the first and second respondent pursuant to the Transfer of Employment (Protection of Employment) Regulations 2006 (‘TUPE’) on or about 30 August 2018.[3]Pursuant to Regulation 4 TUPE the claimant’s contract of employment transferred to the second respondent.[4]The transfer was the sole or principal reason for the claimant’s dismissal and this was an unfair dismissal by virtue of Regulation 7 TUPE.[5]There was a failure to inform and consult pursuant to Regulation 13 TUPE.[6]The claimant was entitled to but not paid for annual leave pursuant to the Working Time Regulations 1998 throughout the entirety of his employment[7]The claimant was never provided with a statement of particulars of employment pursuant to section 1 of the Employment Rights Act 1996 and is entitled to an award under s38 Employment Act 2002.[8]The compensation to which the claimant is entitled is set out below: COMPENSATION Unfair dismissal Basic Award 9 weeks @ £508 per week £4,572.00 Compensatory award 9 weeks notice @ £554 net per week £4986.00 Loss of earnings: The claimant remains out of work 6 months loss is awarded from the end of the notice period 26 weeks @ £554 net per week £14,404.00 £19390.00 Less earnings received in alternative Employment £1020.00 Compensatory award £18,370.00 Plus 20% uplift for failure to comply With the ACAS Code of Practice £3674.00 Total award for unfair dismissal £26616.00 Failure to inform and consult 13 weeks’ pay @ £750 per week gross £9750.00 Holiday pay 20 days x 9 years @ £150 per day gross £27,000.00 Failure to provide written particulars of employment 4 weeks @ £508 per week £2032.00 Total £65398.00 Less amount agreed with first respondent £27,000.00 Total to be paid by second respondent £38,398.00