Ms T Marsden v Ignition Pub Management Ltd and 2 others — 2019

The claims against the second respondent were dismissed upon withdrawal. On the substantive claims, the tribunal held that the third respondent failed to provide the information required by regulation 13 of TUPE to the claimant or a representative appointed on her behalf, and it recorded that under regulation 15(9) the first and third respondents were jointly and severally liable for any compensation arising from that breach. It also found that the first respondent breached sections 1 and 4 of the Employment Rights Act 1996 by failing to issue a statement of changes to the claimant's employment particulars when the employer changed.

The first respondent agreed that it owed £555.23 for unlawful deduction from wages and £513.05 for accrued but untaken holiday pay under the Working Time Regulations 1998. Those were the only quantified sums stated in the written judgment text supplied here, producing a total of £1,068.28.

On the dismissal-related claims, the tribunal found that the claimant made protected disclosures to HMRC on 15 February 2015 and to the second respondent in a meeting on 4 March 2019, but held that those disclosures were not the principal reason for her dismissal, so the section 103A whistleblowing claim failed. It found instead that she was dismissed for asserting a statutory right, so the section 104 unfair dismissal claim succeeded.