Ms N Niknejad v Hotel Management Services Limited and and 1 other — 2022

The tribunal held that Ms N Niknejad's employment transferred from Hotel Management Services Limited to Hotelwala Limited in June 2020 under TUPE, so Hotelwala Limited was the correct respondent. It found that the Ladbrooke House Hotel was an economic entity that continued to operate when Hotelwala took over the lease and business, even though there was redecoration and reduced occupancy. The dismissal letter dated 6 October 2020 took effect on 8 October 2020 under the Haywood principle.

It awarded one week's notice pay of £297.50 because the claimant had at least one month's service and received no statutory notice. It also awarded £2,558.50 holiday pay. The tribunal accepted that she had taken no holiday, had not been given a copy of her contract despite requests, and had not been given sufficient information about holiday entitlement or the loss of unused leave, so the holiday year ran from 24 March 2019 and 8.6 weeks remained outstanding on termination.

The unlawful deduction of wages claim was partly successful. The alleged underpayment relating to 14 April 2020 was dismissed because it was out of time and it was reasonably practicable to bring it sooner. The later furlough-wage element succeeded: the tribunal found unpaid wages for a 39-day period and awarded £1,189.50 at a daily rate of £30.50. It made no further award for consequential financial losses because none were proved. The separate failure to provide written particulars claim succeeded, and the tribunal awarded 4 weeks' pay of £1,190 under s.38 Employment Act 2002. The tribunal allowed tax and national insurance deductions from the notice pay and holiday pay awards.