Case 2418135/2020 · Employment Tribunal
Mr C Bell First v Graham Holdings and Co Limited Second Respondent: Madsa Limited — 2022
- Case reference
- 2418135/2020
- Decision date
- 3 May 2022
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Humble REPRESENTATION
- Venue
- Carlisle Magistrates
Parties
2 namedClaimant
Mr C Bell First
Key findings
Tribunal's reasoningThe tribunal found that there had been a transfer of undertaking from the Second Respondent to the First Respondent on 26 June 2020. It also found that the claimant was unfairly dismissed by the First Respondent on 4 August 2020. The unfair dismissal award was £24,350.54, made up of a basic award of £11,029.00 and a compensatory award of £13,321.54.
The tribunal separately found that the claimant had been dismissed in breach of contract and awarded £6,204.96 for notice pay. It stated that this amount was included in the unfair dismissal compensatory award, so there was to be no double recovery. The tribunal also found that the First Respondent had made unauthorised deductions from wages during the period from 26 June 2020 to 4 August 2020, and ordered payment of £2,708.44.
In addition, the tribunal found that the First Respondent had failed to pay the claimant in lieu of accrued holiday entitlement and ordered payment of £255.65. On the TUPE consultation issue, the tribunal found that the Second Respondent had failed to inform or consult in accordance with regulation 13 of the TUPE Regulations 2006 and ordered the respondents to pay £3,766, being seven weeks' gross pay, on a joint and several basis. The judgment also states that the Recoupment Regulations do not apply.
Claims and outcomes
5 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Transfer of undertakings (TUPE) | The tribunal found that the Second Respondent failed to inform or consult the claimant in accordance with regulation 13 of the TUPE Regulations 2006. The respondents were ordered to pay £3,766, representing seven weeks' gross pay, and were jointly and severally liable for that sum. | Upheld | — | £3,766 |
| Unfair dismissal | The tribunal found that the claimant was unfairly dismissed by the First Respondent on 4 August 2020. The award was £24,350.54, comprising a basic award of £11,029.00 and the balance as compensatory award. | Upheld | — | £24,351 |
| Breach of contract | The tribunal found that the claimant was dismissed in breach of contract and ordered payment of £6,204.96 in respect of notice pay. The judgment states that this sum is included in the unfair dismissal compensatory award and there should be no double recovery. | Upheld | — | £6,205 |
| Unlawful deduction from wages | The tribunal found that the First Respondent made unauthorised deductions from the claimant's wages during the period from 26 June 2020 to 4 August 2020. | Upheld | — | £2,708 |
| Holiday pay | The tribunal found that the First Respondent failed to pay the claimant in lieu of his accrued holiday entitlement. | Upheld | — | £256 |
Remedy
Monetary award- Total award
- £31,081
- across all upheld claims
- Basic award
- £11,029
- statutory, unfair dismissal
- Compensatory award
- £13,322
- compensatory remedy recorded
Legal tests applied
1 reference- Regulation 13 of the TUPE Regulations 2006
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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