Mrs R Bemrose and Mrs B Hassell v TSRC Property Services Ltd — 2021

The claims arose after both claimants' employment had transferred to TSRC Property Services Ltd under TUPE. The first claimant had continuous service from 22 August 2011 and the second from 27 July 2015. The tribunal accepted their unchallenged evidence, because the respondent did not attend, that on 23 March 2020 the respondent altered their terms and duties, including reducing the first claimant's holiday entitlement and converting her contract to zero hours, and that there was no genuine redundancy process.

Employment Judge Butler found that the conduct of Mr Chopra amounted to dismissal of both claimants and that no potentially fair reason had been given, so the unfair dismissal claims succeeded. The tribunal also found that the claimants were entitled to the outstanding holiday pay they had claimed. The claims for redundancy payment were dismissed.

In compensation, the tribunal said the claimants had made genuine efforts to mitigate their losses and awarded a 25% uplift because the ACAS Code of Conduct in relation to disciplinary hearings had not been followed. The detailed awards recorded in the reasons were, for the first claimant, a basic award of £1,108.68, holiday pay of £172.33, payment in lieu of notice of £400.38, loss of future earnings of £4,404.18, expenses of £100, failure to supply a statement of particulars of employment of £200, loss of statutory employment rights of £350, a total before uplift of £6,735.57 and a grand total of £7,849.11. For the second claimant, the reasons recorded a basic award of £1,044.38, holiday pay of £155.99, payment in lieu of notice of £557, loss of future earnings of £6,127, expenses of £100, failure to supply a statement of particulars of employment of £200, loss of statutory employment rights of £350, a total before uplift of £8,214.37 and a grand total of £9,858.95. The extracted text contains internal arithmetic inconsistencies in the second claimant's compensation table, and the stated totals in the reasons section are reflected here.