Case 2424293/2017 · Employment Tribunal
Mrs Mary Ann Eyre First v Harrison Brothers (Furniture) Ltd (in administration) Second Respondent: Wendy Etchells Ltd — 2019
- Case reference
- 2424293/2017
- Decision date
- 29 November 2019
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Hoey Representatives
- Venue
- Manchester
Parties
2 namedClaimant
Mrs Mary Ann Eyre First
Key findings
Tribunal's reasoningThe tribunal rejected the first respondent's submission that the claims should not be enforced on public policy grounds, finding there was no relevant illegality. It then found that the claimant had been unfairly dismissed and awarded a basic award of £4,890 together with a compensatory award of £12,474. The compensatory award was made up of £10,400 for wage loss, £450 for loss of statutory rights, and £1,624 for the failure to issue a written statement of particulars.
The tribunal also upheld the claimant's wage and holiday pay claims. It ordered the first respondent to pay £2,920.47 net for unpaid wages under section 13 of the Employment Rights Act 1996, and £296 gross for outstanding annual leave due on termination under regulation 14 of the Working Time Regulations 1998.
In addition, the tribunal declared that the first respondent had failed to comply with its regulation 13 duty under the Transfer of Undertakings (Protection of Employment) Regulations 2006 to elect, inform and consult appropriate representatives of affected employees, including the claimant. It found the first and second respondents jointly and severally liable to pay a protective award of 13 weeks' pay, amounting to £6,357. The judgment also states that the Employment Protection (Recoupment of Benefits) Regulations 1996 do not apply to any of the awards.
Claims and outcomes
4 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Unfair dismissal | The tribunal found the claimant was unfairly dismissed and awarded a basic award of £4,890 and a compensatory award of £12,474. The compensatory award comprised £10,400 for wage loss, £450 for loss of statutory rights, and £1,624 for failure to issue a written statement of particulars. | Upheld | — | £17,364 |
| Unlawful deduction from wages | The tribunal awarded £2,920.47 net as the shortfall of wages due under section 13 ERA 1996. | Upheld | — | £2,920 |
| Holiday pay | The tribunal awarded £296 gross for outstanding annual leave due at termination under regulation 14 of the Working Time Regulations 1998. | Upheld | — | £296 |
| Transfer of undertakings (TUPE) | The tribunal declared a failure to comply with regulation 13 of the TUPE 2006 information and consultation duty and found the first and second respondents jointly and severally liable for 13 weeks' pay, namely £6,357. | Upheld | — | £6,357 |
Remedy
Monetary award- Total award
- £26,937
- across all upheld claims
- Basic award
- £4,890
- statutory, unfair dismissal
- Compensatory award
- £12,474
- compensatory remedy recorded
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
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.
Named in this case and want it removed? Submit a takedown request. The page will be withdrawn on receipt and the editor will follow up within five working days.