Case 2413383/2018 · Employment Tribunal

Ms M Watmough & others v IBA Recruitment Limited and 1 other — 2019

Case reference: 2413383/2018
Decision date: 21 October 2019
Jurisdiction: England & Wales
Judge: Employment Judge Howard Representation
Venue: Manchester

Indexed: 22 May 2026

Parties

3 named

Claimant

Ms M Watmough & others

Respondents

Key findings

Tribunal's reasoning

At the Manchester Employment Tribunal on 18 October 2019, before Employment Judge Howard, the second respondent’s details were amended to Spire Hospitality Limited. The claimants, listed in the attached schedule, were represented by Ms Quinn, and the respondents did not attend.

The tribunal held that the claims for failure to inform and consult under TUPE Regulations 2006 succeeded against both respondents, who were jointly and severally liable under regulation 15(9). It also held that the claims for unlawful deductions from pay under Part II Employment Rights Act 1996, unpaid accrued holiday under regulations 13 and 13A of the Working Time Regulations 1998, and failure to provide an updated statement of employment particulars under sections 1 and 4 Employment Rights Act 1996 succeeded against the second respondent.

The tribunal ordered £36,979.88 compensation for the TUPE inform-and-consult claims. It ordered a further £29,739.15 for the second respondent’s monetary liabilities, with the schedule allocating £10,650.79 to unpaid wages, £7,710.00 to holiday pay, and £11,378.36 to the statement-of-particulars claim. It also found that the second respondent had acted unreasonably in the conduct of the proceedings and ordered costs of £24,960 under Rule 74 ET(C&RP) Regulations 2013, bringing the overall monetary orders to £91,679.03.

Claims and outcomes

4 findings recorded

Claim type	Issue or finding	Outcome	Protected characteristic	Award
Transfer of undertakings (TUPE)	Claim for failure to inform and consult under TUPE Regulations 2006 succeeded against both respondents; the tribunal recorded joint and several liability under regulation 15(9).	Upheld	—	£36,980
Unlawful deduction from wages	Claim for unlawful deductions from pay under Part II Employment Rights Act 1996 succeeded against the second respondent; the schedule allocates £10,650.79 to this head across the 16 claimants.	Upheld	—	£10,651
Holiday pay	Claim for unpaid accrued holiday under Regulations 13 and 13A of the Working Time Regulations 1998 succeeded against the second respondent; the schedule allocates £7,710.00 to this head across the 16 claimants.	Upheld	—	£7,710
Other	Claim for failure to provide an updated statement of employment particulars under sections 1 and 4 Employment Rights Act 1996 succeeded against the second respondent; the schedule allocates £11,378.36 to this head across the 16 claimants.	Upheld	—	£11,378

Remedy

Monetary award

Total award: £91,679; across all upheld claims

Legal tests applied

5 references

Official outcome judgment PDF

Gov.uk primary record

The 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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