Case 1402055/2025 · Employment Tribunal
Mrs Kristina Margaret Wren 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
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 further found 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 money claims, the tribunal held that there had been an unauthorised deduction from wages in the period from 16 July 2024 to 2 September 2024. It ordered the second respondent to pay £501.37 gross for that deduction. It also held that the complaint of breach of contract in relation to notice pay was well-founded and ordered payment of £919.00 gross as damages.
The tribunal additionally found that the second respondent was in breach of contract by failing to pay a contractual redundancy payment. Applying section 163 of the Employment Rights Act 1996, it determined that the claimant was entitled to a redundancy payment of £1,378.50. The written record notes that reasons were given orally at the hearing and that written reasons would not be provided unless requested.
| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Unlawful deduction from wages | The tribunal found an unauthorised deduction from wages for the period 16 July 2024 to 2 September 2024 and ordered the second respondent to pay £501.37 gross. | Upheld | — | £501 |
| Breach of contract | The tribunal found the complaint in relation to notice pay well-founded and ordered the second respondent to pay £919.00 gross as damages for breach of contract. | Upheld | — | £919 |
| Redundancy | The tribunal found the complaint about failure to pay a contractual redundancy payment well-founded and determined under section 163 ERA 1996 that the claimant was entitled to £1,378.50. | Upheld | — | £1,379 |
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