Keith Yonish v JetEngage Limited and 1 other — 2022

The tribunal struck out the claim against Jet Media Network Limited as out of time. It found that the Acas early conciliation period for that respondent ran only from 5 August 2021 to 6 August 2021, and the claimant had not addressed reasonable practicability or any basis for extending time.

On the TUPE point, the tribunal held that there was no relevant transfer under regulation 3(1)(b)(ii). It found that the first respondent had not ceased carrying out activities on a client's behalf that were then carried out instead by the second respondent, and that the dismissal-because-of-transfer and consultation complaints therefore failed. The tribunal also rejected the claimant's automatic unfair dismissal case.

On ordinary unfair dismissal, the tribunal accepted redundancy as the reason for dismissal. It found that the first respondent's SAAS business had lost its customers, that the claimant's role was principally selling that business, and that although the claimant had been involved in wider development work the roles at the first and second respondents were different. The process was nonetheless unfair because there was no meaningful consultation and redundancy was not communicated until it was inevitable, but the compensatory award was reduced by 100% under Polkey because the claimant would inevitably have been dismissed anyway; the tribunal said the basic and compensatory awards were reduced to nil.

On unlawful deduction from wages, the tribunal held that retaining £1,211 for unreturned company property was unlawful. Clause 7.2 of the contract did not authorise the deduction, clause 23 required return of the property but did not turn failure to return it into a monetary sum, and the respondent deducted the money before any entitlement to withhold it had been established. The holiday pay claim was not determined and directions were given for it separately.