Case 2405442/2018 · Employment Tribunal
Mrs J. Siddall v Ellesmere Optical Ltd. and 1 other — 2019
- Case reference
- 2405442/2018
- Decision date
- 9 August 2019
- Jurisdiction
- England & Wales
- Judge
- Employment Judge T. Vincent Ryan
Parties
3 namedClaimant
Mrs J. Siddall
Key findings
Tribunal's reasoningThe tribunal held that the claimant's contract of employment did not transfer from either respondent to HO2 Management Ltd, trading as Hakim Group, by virtue of a transfer under TUPE or otherwise. On that basis, the complaint that the respondents failed to consult her in respect of a relevant transfer was dismissed.
The tribunal also found that the claimant resigned from both respondents on 2 May 2018 and was not dismissed. Her claim of constructive unfair dismissal therefore failed and was dismissed.
On holiday pay, the tribunal found that the respondents had failed to pay holiday pay due in respect of holidays taken in December 2017, with the precise dates to be confirmed by the parties. Other holiday pay claims were held to be out of time, beyond the tribunal's jurisdiction, and in any event not proved.
The tribunal further found that each respondent failed to provide the claimant with a written statement of employment particulars. Remedy for the holiday pay and written statement findings was left to a later remedy hearing listed for 21 October 2019 at the Liverpool Employment Tribunal.
Claims and outcomes
4 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Transfer of undertakings (TUPE) | The tribunal found the claimant's contract of employment was not transferred from either respondent to HO2 Management Ltd, trading as Hakim Group, by virtue of a transfer under TUPE or otherwise, and dismissed the complaint that the respondents failed to consult her in respect of a relevant transfer. | Dismissed | — | — |
| Constructive dismissal | The tribunal found that the claimant resigned from employment with both respondents on 2 May 2018 and was not dismissed, so the claim of constructive unfair dismissal failed. | Dismissed | — | — |
| Holiday pay | The tribunal found that the respondents failed to pay holiday pay due in respect of holidays taken in December 2017, with the precise dates to be confirmed by the parties. All other holiday pay claims were held to be out of time and outside the tribunal's jurisdiction, and the tribunal also said entitlement had not been proved in any event. | Upheld | — | — |
| Other | The tribunal found that each respondent failed to provide the claimant with a written statement of employment particulars. | Upheld | — | — |
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
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