Mr Worthington First v Appscatter Limited (in creditors’ liquidation) Second Respondent: Airnow Apps Limited — 2022

Mr Worthington First began work for Appscatter Limited on 1 January 2021 as a Data Partnerships Manager on a salary that rose to £55,000. On 15 November 2022, Philip Marcella emailed staff saying some employees and contractors would move to newly registered Airnow Apps Ltd and others would leave; shortly afterwards the claimant was dismissed with immediate effect. The tribunal found that products, employees and clients moved from the first respondent to the second respondent, and that the transfer occurred between 15 November 2022 and on or before 7 December 2022, before the first respondent's assets were under the supervision of insolvency practitioners.

On the breach of contract claim, the tribunal found that unpaid salary, commission, expenses, holiday pay, notice pay and pension contributions were due under the contract. It accepted that the claimant had recovered £2,239 from the Insolvency Service and deducted that sum from the £13,909 owed at the date of termination, leaving £11,670. The tribunal held that liability for that breach transferred to the second respondent under TUPE regulations 4 and 7 because there was a relevant transfer, the dismissal was transfer-related, the claimant would otherwise have been employed by the transferor and assigned to the transferred grouping, and regulation 8 did not apply.

On the regulation 13 complaint, the tribunal found the claimant was an affected employee and that the respondents had made no attempt to inform and consult representatives about the transfer. It described the breach as clear and serious and awarded the maximum compensation of 13 weeks' pay, calculated at the November 2022 weekly cap of £571, producing £7,423. The first and second respondents were held jointly and severally liable for that sum.