Ms Victoria Gillham v EVG Ltd — 2019

The Claimant had been employed for 6.5 years. The judgment records that Elite Venue Centre Ltd was sold to EVG Ltd on 1 October 2018 by way of a TUPE transfer, so EVG Ltd stood in the shoes of the transferor for sums due before the transfer. Elite Venue Centre Ltd was therefore discharged as a respondent. EVG Ltd had been served at its registered office but did not present a response, and the Tribunal proceeded on the basis of an undefended claim.

The Tribunal accepted the Claimant's evidence and documentary bundle, including payslips showing that she had been paid £2,777 per month. It found that on 5 November 2018 she was told she was suspended and to collect her belongings, and that she then heard nothing further and did not receive a P45, P60, or other documentation. The Tribunal was satisfied that she had in fact been dismissed on that date despite the word "suspension" being used.

The dismissal was found to be unfair because there had been no disciplinary hearing in accordance with the ACAS code of practice. The Tribunal also accepted that the Claimant had taken reasonable steps to mitigate her loss and noted her evidence that she had made many unsuccessful applications for work because she lacked a reference for her previous employment. It awarded a basic award of £3,084.00 and a compensatory award of £24,300.00.

The Tribunal additionally upheld the Claimant's holiday pay and wage deduction claims. It found that she had worked for four years without holiday as the only manager, but could only claim for two years, and awarded £6,925.00 for two years' holiday at her net pay. It also found that Elite Venue Centre Ltd had underpaid her by £77.00 before the transfer, for which EVG Ltd was liable. The total amount due was £34,386.00.