In Person Interpreter : Mr. Miernik (Polish interpreter) v In Person Interpreter Mr. Trans (Vietnamese interpreter) Ha Ming Hoang (Vietnamese interpreter) Interpreter Ms. Irene Lee Brimmell (Chinese interpreter) — 2024

Employment Judge Wedderspoon with members Ms M Stewart and Mrs S Ray found that the claimant was unfairly dismissed by Xing Sheng Limited on 15 May 2022. The Tribunal preferred the claimant's evidence (supported by a contemporaneous phone recording and corroborating evidence from Mr Samra) that he had been informed the business had closed and there was no work for him; the respondent's later attempts to re-invite the claimant back were not credible. The dismissal was both procedurally and substantively unfair as no admissible reason was advanced.

The Tribunal found by reason of TUPE that the claimant's continuous service ran from 5 May 2016, entitling him to four weeks' notice pay rather than the two weeks paid. Holiday pay of 1.5 days was awarded, and two weeks' pay for failure to provide written terms and conditions. The unlawful deductions claim relating to 80% pay during March-April 2020 was dismissed as out of time.

A basic award of £3,501.36 was made. The compensatory award and ACAS uplift were postponed to a remedy hearing on 8 March 2024. PDF text was truncated; the full schedule of issues was not entirely visible.