Mr W Myszka v Mr Tom Harker and 2 others — 2022

The tribunal joined The Bull Inn Rolvenden Limited as the Third Respondent and found that there had been a transfer of the business concerning The Bull Inn, Rolvenden, Kent under TUPE 2006, taking effect on 30 September 2020. It also found that Mr T Harker was not the Claimant’s employer, so all claims against the First Respondent were dismissed.

The claim for automatic unfair dismissal under Regulation 7 of TUPE 2006 was dismissed because the Claimant did not have sufficient qualifying service. The tribunal held that the Claimant had been wrongfully dismissed in breach of contract by the Third Respondent because he was not given the statutory one-week notice required by section 86 ERA 1996, but it made no further award under sections 91(5) and 89(4) because of the Claimant’s entitlement to holiday pay for the same period.

The tribunal found that the Third Respondent had made unlawful deductions from wages between April and October 2020. These comprised oral variations to pay that did not comply with section 13 ERA 1996, totalling £4,800 gross, and unpaid holiday pay for unused and taken leave totalling £1,107.72 gross. Pursuant to Regulation 4 TUPE 2006, Ms C Francis was liable to pay the combined sum of £5,907.72 gross, net of any necessary deductions for tax and National Insurance.