Mrs P Howard v Burkinshaw Management Limited — 2020

At the preliminary hearing in Ashford on 18 March 2020, Employment Judge Corrigan, sitting alone, recorded by consent that the correct respondent was Burkinshaw Management Limited, that Mrs P Howard had been an employee, and that there had been a relevant transfer to the respondent. The tribunal held that it had jurisdiction to consider her complaints and refused to strike out the claim or order a deposit.

The tribunal found that Mrs P Howard was wrongfully dismissed and awarded £422.03, made up of £337.62 loss of earnings plus a 25% uplift for breach of the ACAS Code of Practice on Discipline and Grievance. It also found that she was entitled to a redundancy payment of £1,625.58 and ordered payment of £2,031.98 after the same 25% uplift.

The claimant's TUPE complaint, that the respondent failed to inform and consult employees affected by the transfer, was found well-founded and compensation of £1,280.76 was ordered. The tribunal also found that she was unfairly dismissed, but made no separate award on that finding. The total ordered to be paid by the respondent was £3,734.77.