Ms H O’Keefe First v Gold Panda Limited Second Respondent: Mrs S Panwar Third Respondent: Pandeli Limited — 2023

The tribunal found that the claimant's employment transferred from the first respondent to the third respondent on or around 12 April 2021 under regulation 3(1)(a) TUPE 2006, and that the transfer was not the sole or principal reason for her dismissal. The complaints under regulations 13 and 13A, as enforced through regulation 15, were well-founded against the first and third respondents, who were ordered to pay £5,504 jointly and severally, representing 13 weeks' pay.

The unfair dismissal complaint under Part X ERA 1996 succeeded against the third respondent. The tribunal found that the claimant was unfairly dismissed, made no Polkey reduction, no uplift under section 207A(2) TULRCA 1992, and no reduction for contributory fault under sections 122(2) and 123(6) ERA 1996. It awarded a basic award of £1,269.24 and a compensatory award of £11,613.19, giving a total monetary award of £12,882.43; the prescribed element was £9,565.73 for the period 15 June 2021 to 30 March 2023, and the amount by which the award exceeded the prescribed element was £3,316.70.

The tribunal also upheld the holiday pay complaint, finding an unauthorised deduction from pay for 35 days' accrued but untaken holiday and awarding £2,961.56, and upheld the breach of contract complaint against the third respondent, awarding £1,344.79 for lost pension contributions because the notice pay element had been mitigated by furlough pay received in June 2021. The direct age discrimination complaints under section 13 Equality Act 2010 were dismissed, as were the redundancy payment complaint under section 163 ERA 1996 and the section 92 ERA 1996 complaint about a written statement of reasons for dismissal.