Miss L Fell, Mr W Jones, Mr C Johnstone, Mr N Skelton, Mr S Sisson, Mr JW Bil First v Tzar Developments Limited Second respondent: Richmond Lodge and Park Homes Limited (in voluntary liquidation) c/o John Paul Bell, Liquidator, The Pinnacle, Third Floor, 73 King Street, Manchester, M2 4NG — 2020

Neither respondent attended or was represented. The tribunal accepted the claimants' evidence as credible and found that the undertaking transferred from the second respondent to the first respondent before 17 January 2019. It found no attempt to elect representatives or to inform and consult affected employees under TUPE, and each claimant received a letter on 17 January 2019 dismissing them summarily following the change of ownership.

For Miss Fell, Mr Johnstone, Mr Skelton, Mr Sisson and Mr Bil, the tribunal held that there was no potentially fair reason for dismissal and no fair procedure. It found that the dismissals were both procedurally and substantively unfair, and it rejected redundancy as a basis for dismissal. The unfair dismissal awards were £2,669.98 for Miss Fell, £3,305.66 for Mr Johnstone, £2,940 for Mr Skelton, £6,188.82 for Mr Sisson and £4,210 for Mr Bil. The tribunal also recorded that the successful unfair dismissal awards displaced any separate redundancy payment claims. Miss Fell's compensatory award was subject to recoupment under the Employment Protection (Recoupment of Benefits) Regulations 1996; the tribunal recorded a monetary award of £5,738.98, a prescribed element of £392.49, and an excess of £5,346.49.