Case 2300204/2019 · Employment Tribunal
in person For First v No appearance or — 2020
- Case reference
- 2300204/2019
- Decision date
- 20 January 2020
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Truscott QC
Parties
2 namedClaimant
in person For First
Respondent
Key findings
Tribunal's reasoningThe claimant claimed unpaid wages and other entitlements. The Tribunal awarded unpaid wages for August 2018 and September 2018, holiday pay, one week's notice pay, and a redundancy payment against the first respondent.
The Tribunal considered whether the London Borough of Sutton had become responsible for the claimant through its involvement at St Mary's. It found that the Local Authority's crisis intervention lasted seven days, was directed at meeting urgent care needs and relocating residents, and did not create a contractual relationship with the claimant.
On TUPE, the Tribunal found that Mrs Dudhee remained the legal owner and responsible provider, with no transfer of assets, contracts, staff, property or residents to the Local Authority. It found no business transfer, no service provision change, and no stable economic entity transferred, so the claimant's employment did not transfer to the Local Authority and the second respondent was dismissed from the proceedings.
Claims and outcomes
5 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Unlawful deduction from wages | Award comprises unpaid wages of £1,448.72 for August 2018 and £1,650.68 for September 2018 against the first respondent. | Upheld | — | £3,099 |
| Holiday pay | Award made against the first respondent. | Upheld | — | £545 |
| Wrongful dismissal | Judgment describes this as entitlement in respect of failure to give notice of one week; classified as wrongful dismissal/notice pay. | Upheld | — | £396 |
| Redundancy | Award made against the first respondent. | Upheld | — | £2,600 |
| Transfer of undertakings (TUPE) | The Tribunal found there was no transfer of the claimant's employment to the second respondent, and dismissed the second respondent from the proceedings. | Dismissed | — | — |
Remedy
Monetary award- Total award
- £6,640
- across all upheld claims
Legal tests applied
10 references- s.19 Care Act 2014
- Transfer of Undertakings (Protection of Employment) Regulations 2006
- TUPE Reg 3(1)(a)
- TUPE Reg 3(1)(b)
- TUPE Reg 3(3)
- Spijkers v Gebroeders Benedik Abbatoir CV
- Commercial Motors (Wales) Ltd v Howley
- North Wales Training and Enterprise Council Ltd v Astley
- Rygaard v Stro Molle Akustik A/S
- stable economic entity
Official outcome judgment PDF
Gov.uk primary recordThe official judgment PDF on gov.uk contains the tribunal's outcome, reasoning, and any remedy details. Where this page does not yet show extracted outcomes for every claim, use the PDF as the authoritative source.
Published on gov.uk under the Open Government Licence v3.0.
How we got this data
Case essentials (reference, date, judge, venue, country, claim categories) are extracted from the structured metadata gov.uk publishes alongside each decision. Parties and monetary figures are extracted from the judgment PDF text. Key findings and per-claim outcomes require a second extraction pass that is not yet complete for this case — until then, the primary source linked above is the authoritative record. See full methodology.
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