Case 2400040/2021 · Employment Tribunal
Miss A Ball v 1st Civils Ltd and 1 other — 2022
- Case reference
- 2400040/2021
- Decision date
- 19 October 2022
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Phil Allen
- Venue
- Manchester
Parties
3 namedClaimant
Miss A Ball
Respondents
Key findings
Tribunal's reasoningMiss A Ball appeared in person and the respondents did not attend or submit responses. The tribunal found that she transferred under TUPE from 1st Civils Ltd to Hudson Reign Developments Ltd on 9 November 2020, and it dismissed the claims against the first respondent because of that transfer.
The tribunal upheld the unfair dismissal claim against Hudson Reign Developments Ltd. It found that the claimant was unfairly dismissed on 9 November 2020 and awarded a basic award of £1,614 and a compensatory award of £47,249. The compensatory award included a 20% uplift because the second respondent unreasonably failed to follow the ACAS code of disciplinary and grievance procedures.
The tribunal also found unauthorised deductions from wages of £6,607, with liability for those deductions passing to the second respondent under TUPE. It further found that Hudson Reign Developments Ltd failed to pay accrued but untaken annual leave outstanding at termination and awarded £3,884, and that it breached the contract by dismissing the claimant without notice or pay in lieu of notice, awarding £5,119 in damages. The total monetary award was £64,473.
Claims and outcomes
4 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Unfair dismissal | The tribunal found that Miss A Ball was unfairly dismissed by Hudson Reign Developments Ltd on 9 November 2020. The award comprised a basic award of £1,614 and a compensatory award of £47,249, the latter including a 20% uplift for the second respondent's unreasonable failure to follow the ACAS code of disciplinary and grievance procedures. | Upheld | — | £48,863 |
| Unlawful deduction from wages | The tribunal found unauthorised deductions from wages of £6,607. The deductions were made by 1st Civils Ltd, but the liability to pay them was held to have transferred to Hudson Reign Developments Ltd under TUPE. | Upheld | — | £6,607 |
| Holiday pay | The tribunal found that Hudson Reign Developments Ltd failed to pay accrued but untaken annual leave outstanding at termination and ordered payment of £3,884. The figure was described as uplifted by 20% because of the second respondent's unreasonable failure to follow the ACAS code of disciplinary and grievance procedures. | Upheld | — | £3,884 |
| Breach of contract | The tribunal held that Hudson Reign Developments Ltd breached the claimant's contract by dismissing her without notice or pay in lieu of notice and awarded damages of £5,119. | Upheld | — | £5,119 |
Remedy
Monetary award- Total award
- £64,473
- across all upheld claims
- Basic award
- £1,614
- statutory, unfair dismissal
- Compensatory award
- £47,249
- compensatory remedy recorded
Legal tests applied
2 references- TUPE Regulations 2006
- ACAS code of disciplinary and grievance procedures
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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