Claimant v Silversmiths Restaurant Ltd and Gallagher’s of Yorkshire Ltd — 2019

The tribunal found that there was a relevant transfer of the Silversmiths Restaurant business from Silversmiths Restaurant Limited to Gallagher’s of Yorkshire Limited on or about 3 September 2018 under the TUPE 2006 Regulations. It accepted the claimants’ evidence that the restaurant reopened on that date as business as normal, with most staff continuing, the same premises and clientele, and bookings honoured. Although the second respondent suggested there was no sale agreement and that formal lease matters were not resolved until October, the tribunal relied on the claimant evidence and a 6 October 2018 tweet from John Gallagher referring to the company as the “official owners” to conclude that the business had been operated by the second respondent de facto from early September. Both claimants were held to have been assigned to the transferring business, and the second respondent was liable for the payments ordered under Regulation 4.

For Mr D Gage, the tribunal upheld claims for accrued but untaken holiday and unauthorised deduction from wages, including non-payment of bonus. It awarded £900.83 for holiday and £1,365.10 for wages, making a total award of £2,265.93.

For Mrs R Gage, the tribunal found that she had been dismissed by the second respondent on 18 October 2018. Because the dismissal was without notice or payment in lieu, it was wrongful, and she was awarded £2,000 in lieu of notice together with £1,866.99 for accrued but untaken holiday, making a total award of £3,866.99. Her complaint that the dismissal was unfavourable treatment because she was exercising her right to additional maternity leave was not determined at this hearing and was listed for a further hearing on 19 November 2019.