Mr Arjay Calpo Barcarse Respondent 1: The Samurai Kitchen Ltd (in liquidation) Respondent 2: Sore De Ltd (in liquidation) Respondent 3: The Secretary of State for Business and Trade v Ms Whalley — 2026

The tribunal found that there had been a transfer of an undertaking from the first respondent to the second respondent under regulation 3 of the Transfer of Undertakings (Protection of Employment) Regulations 2006 on or before 30 October 2024. It also recorded that, under regulation 4(3), the claimant would have been dismissed but for regulation 7(1), and that liabilities under the contract of employment therefore passed from the first respondent to the second respondent.

On the wage claim, the tribunal held that there had been an unauthorised deduction from wages in the period from 16 July 2024 to 2 September 2024. It found the complaint well-founded and ordered the second respondent to pay the claimant £1,814.81 gross.

On the notice pay claim, the tribunal held that the complaint of breach of contract was well-founded. It ordered the respondent to pay the claimant £264.66 gross as damages for breach of contract. The written record notes that reasons were given orally at the hearing and that written reasons would not be provided unless requested.