Case 2601617/2022 · Employment Tribunal
Mr Innocent Chikwenya v Daykin Limited and 1 other — 2022
- Case reference
- 2601617/2022
- Decision date
- 28 November 2022
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Clark
- Venue
- Nottingham
- Panel members
- Mrs J Hallam, Mr JC Tansley
Parties
3 namedClaimant
Mr Innocent Chikwenya
Respondents
Key findings
Tribunal's reasoningThe tribunal dismissed the unfair dismissal claim. It declared that there had been a transfer of an economic entity retaining its identity between Daykin Limited and Mr Martzellos, acting in partnership on behalf of himself and his sisters, on 30 May 2022, and a further transfer between that partnership and Dreams Bistro Limited on 7 June 2022.
The failure to consult claim succeeded against the first respondent. The tribunal awarded a protective award calculated as 9 weeks' pay at £543.75 per week, producing an award of £4,893.75.
The notice claim succeeded against the second respondent, but no damages were awarded because the tribunal found the claimant had fully mitigated his loss. The tribunal also found an unauthorised deduction from wages for the period 30 May 2022 to 16 June 2022 inclusive, during which the claimant received no pay, and ordered payment of £1,067.81 net.
The claim for accrued but outstanding holiday pay also succeeded against the second respondent, with an order to pay £588.84 net. The judgment records that reasons were given orally at the end of the hearing and that written reasons would not be provided unless requested.
Claims and outcomes
5 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Unfair dismissal | Recorded from the judgment. | Dismissed | — | — |
| Transfer of undertakings (TUPE) | The tribunal declared that there was a transfer of an economic entity which retained its identity between Daykin Limited and Mr Martzellos (acting in partnership on behalf of himself and his sisters) on 30 May 2022, and a second transfer between that partnership and Dreams Bistro Limited on 7 June 2022. The claim of failure to consult succeeded against the first respondent, and the claimant was awarded a protective award of 9 weeks' pay at £543.75 per week. | Upheld | — | £4,894 |
| Breach of contract | The claim for notice succeeded against the second respondent, but the tribunal found the claimant had fully mitigated his loss and made no award of damages. | Upheld | — | — |
| Unlawful deduction from wages | The tribunal declared that the claimant suffered an unauthorised deduction from wages between 30 May 2022 and 16 June 2022 inclusive, during which he received no pay. The second respondent was ordered to pay the net sum of £1,067.81. | Upheld | — | £1,068 |
| Holiday pay | The claim for accrued but outstanding holiday succeeded against the second respondent, which was ordered to pay the net sum of £588.84. | Upheld | — | £589 |
Remedy
Monetary award- Total award
- £6,550
- across all upheld claims
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.
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