Mr S Bright v Extreme Mist Vapes Ltd Heard: in Nottingham — 2021

The claimant, Mr S Bright, brought claims for redundancy payment and notice pay. At the hearing he withdrew the notice pay claim, which the tribunal dismissed upon withdrawal. Employment Judge Ayre sat alone and heard evidence from the claimant and from Mr Keith Bromhead for the respondent.

The tribunal found that the claimant started work for Social Smoke Ltd on 8 August 2013 and worked continuously in the shop as a part-time assistant selling e-cigarettes and e-liquids. Social Smoke Ltd stopped trading on 1 August 2017 after being threatened with litigation, and Mr Andrew Senior took over responsibility for running the shop and paying the staff until the respondent was incorporated on 21 August 2017. The business continued to trade without any break in service, with the same activities and branding changed to the respondent's name.

Applying Regulation 3(1)(a) of TUPE, the tribunal found a transfer from Social Smoke Ltd to Mr Senior on 1 August 2017 and then a further transfer to the respondent on 21 August 2017. Under section 218(2) of the Employment Rights Act 1996, the claimant's continuity of employment was preserved from 8 August 2013 to 31 October 2020, when his employment ended by reason of redundancy.

On that basis, the claimant was entitled to a statutory redundancy payment calculated on seven complete years' service. His entitlement was £1,464.96, and the respondent had already paid £627.84 on the basis of three years' service. The tribunal therefore ordered the respondent to pay the additional sum of £837.12.