Mr D. Taylor v Lixwm Carpentry Ltd. and 1 other — 2019

The tribunal joined two claims arising from the same circumstances and dismissed the second respondent, Kelly Davies, from the proceedings because he had no personal legal interest in the matter and was not the claimant's employer at the material time. It found that, by virtue of a 2016 transfer of business to which the Transfer of Employment (Protection of Employment) Regulations applied, the claimant's continuous employment for statutory and contractual rights began on 1 July 2005.

On remedy, the tribunal held that the claimant was entitled to redundancy pay from Lixwm Carpentry Ltd. and that, after crediting £1,016 already paid, the outstanding redundancy payment was £4,318.00. It also found that the claimant was entitled to 12 weeks' statutory notice after 13 complete years' service, that R1 had breached the contract by giving insufficient notice, and that £2,043.07 was due for the period from 19 December 2018 to 1 February 2019, subject to national insurance only.

The tribunal further found that the respondent had failed to give the claimant a written statement of employment particulars and awarded four weeks' pay of £2,230.77 for that failure. The claimant's unlawful deduction from wages claim was dismissed because the tribunal lacked jurisdiction over the post-employment period when he was self-employed. In consequence, R1 was ordered to pay £8,591.84 in total, subject only to deduction of national insurance contributions in respect of the notice pay award.