Miss S Kennedy Mrs D Hales Mrs W Adamson Mrs S Garner Respondent 1: Respondent 2: Mr J Pushpanayagam Mrs J Wisker v Mr J Pushpanayagam and Mrs J Wisker — 2020

Sitting at Hull on 15 and 16 October 2020, the tribunal found that there was a transfer within the meaning of the TUPE Regulations between the second and first respondent on or about 3 January 2019. It declared that the respondents failed to inform or consult all four claimants under regulation 13, found that no special circumstances made compliance not reasonably practicable, and held the resulting liability joint and several between the second and first respondent.

The tribunal dismissed the third claimant's breach of contract/notice pay complaint. The fourth claimant's complaint was partly well founded and she was awarded £33.27 payable by the first respondent. The first and second claimants were found to have been constructively unfairly dismissed and were awarded compensation of £1220.01 and £1216.50 respectively, payable by the first respondent; the recoupment regulations did not apply.

The tribunal also upheld the unlawful deduction from wages claims of all four claimants, awarding £202.27, £170.30, £162.47 and £62.64, and found complaints of failure to provide written particulars of employment well founded, awarding two weeks' pay of £613.35, £340.62, £191.83 and £191.83. Liability for the written-particulars awards initially rested with the second respondent but passed solely to the first respondent under regulation 4 of TUPE. The listed awards total £13099.57.