D Kenyon v Goldthorp Fabrications Ltd (In Voluntary Liquidation) and Others: 6019181/2025
JUDGMENT
[1]There was a relevant transfer within regulation 3 of the Transfer of Undertakings (Protection of Employment) Regulations 2006 ("TUPE"), whereby the undertaking of the First Respondent transferred to the Third Respondent with effect from 7 January 2025, the Claimant’s and other dismissals having occurred on 6 January 2025.[2]The Claimant's claims for unfair dismissal and wrongful dismissal succeed against the Third Respondent.[3]The Claimant’s claims against the First Respondent and Second Respondent are dismissed.[4]The Third Respondent is ordered to the Claimant the total sum of £13,362.88 in respect of his claims consisting of: Case Number: 6019181/2025 Amount Head of award (£) Basic award (unfair dismissal) £640 x 1.5 x 8 7,680.00 Wrongful dismissal (notice pay) £528.52 net × 8 weeks 4,228.16 Compensatory award (loss of earnings & £1,193.40 less 20% 954.72 pension) (Polkey) Loss of statutory rights 500.00 Total £13,362.88[5]In view of the basic award for unfair dismissal no award is made for redundancy payment. Approved by: