Ms J Al-Janabi, Solicitor For the First v Mrs C Leat — 2024

The tribunal found that there was a relevant transfer under the TUPE Regulations 2006 from the first respondent (Mrs Claire Leat, sole practitioner of the Crazy Angels hair salon in Bristol) to the second respondent (Mario's Grub Ltd) on 3 April 2023. Tangible and intangible assets including stock, equipment and goodwill were transferred, the employees were taken over, the customers were transferred and the business continued its activities as before. The third respondent (Mr Karman) was found to be the proprietor and a director of the second respondent.

Within about three weeks of the transfer, on 19 April 2023, the third respondent advised that the business would cease trading, and both claimants were told their employment was terminated summarily with effect from 22 April 2023. There was no consultation regarding the dismissals and no payment in lieu of notice or statutory redundancy pay. The tribunal found that the principal reason for the dismissals was the relevant transfer, and accordingly both claimants were unfairly dismissed. The second respondent did not comply with the information and consultation requirements of Regulation 13(2) of the TUPE Regulations.

The tribunal made awards against the second respondent in respect of unfair dismissal compensation (including basic and compensatory awards with a 25% s.207A(2) uplift), eight and nine weeks' notice pay for the first and second claimants respectively, 13 weeks' pay each for the failure to inform and consult under TUPE, and four weeks' pay each under section 38(4)(b) of the Employment Act 2002 for failure to provide a written statement of particulars of employment. Holiday pay claims were dismissed on withdrawal. The Recoupment Regulations did not apply.