Miss R Ghirmay v Carisway Facilities Support Limited (in Creditors’ Voluntary Liquidation) and 1 other — 2023

The tribunal found that there was no TUPE transfer from Carisway Facilities Support Limited to Greenzone Cleaning & Support Services Limited under Regulation 3(1)(a) or 3(1)(b) of TUPE 2006. Because liability for the claimant's contract of employment did not transfer, the claims against the second respondent were dismissed.

As against the first respondent, the tribunal found that Miss Ghirmay was dismissed by reason of redundancy. Her statutory redundancy payment claim succeeded, and the tribunal ordered payment of £1,021.29, calculated as 1.5 x 2 years' continuous service x average gross weekly pay of £340.43. The tribunal also found that she had been unfairly dismissed. It concluded there was a 50% chance that she would have been fairly dismissed and applied a 50% Polkey reduction to the compensatory award.

The tribunal further found that she was dismissed without notice and was entitled to statutory notice pay of £547.40 net. It also found that she was entitled to accrued but untaken holiday pay under Regulation 30 of the Working Time Regulations 1998, and ordered £909 gross for that entitlement. The tribunal said no separate basic award was made because the first respondent had to pay the statutory redundancy payment, and it found that the Employment Protection (Recoupment of Benefits) Regulations 1996 (as amended) did not apply because the claimant had not claimed relevant statutory benefits between dismissal and judgment. The total award against the first respondent was £14,522.29.