Mrs A Grech v DH Messenger T/a Elder Homes Group and others: 4105564/2016
JUDGMENT
[1]The Claimant’s employer and the correct Respondent to this claim is the First Respondent, DH Messenger trading as Elder Homes Group .[2]The claims against the Second and Third Respondents are therefore dismissed.[3]By consent of the Claimant the claim of failure to consult in respect of any purported transfer of undertaking to the Second Respondent (Elder Homes Manchester LLPdissolved) is also dismissed.[4]Not later than 20th March 2017 the Claimant is to provide a schedule of loss following which a rule 21 judgment in default of appearance may be entered against Mr Messenger.[5]Reasons for the judgment having been given orally at the hearing, written reasons will not be provided unless a request is presented by any party within 14 days of the sending of this written record of the decision.[1]The complaint of unfair dismissal pursuant to Section 111 of the Employment Rights Act 1996 is declared to be well founded and the Respondent is ordered to pay to the Claimant forthwith the sum of £6466.50 as a basic award and the sum of £21036.92 as a compensatory award (as per the Claimant’s schedule of loss).[2]In accordance with the provisions of Regulations 13, 14 and 30 of the Working Time Regulations 1998 the complaint in respect of the Claimant’s entitlement to payment for leave taken or in lieu of accrued but untaken leave succeeds and the Respondent is ordered to pay to the Claimant forthwith the sum of £1015.16 gross (2 weeks/10 days pay @ £507.58 gross per week).[3]Pursuant to Rule 76(4) a Costs Order is made. The Respondent will reimburse to the Claimant the issue fee of £250.00 incurred by the Claimant in respect of this claim.