Mrs J Tanner v The Ridgeway Hotel Ltd and 1 other — 2022

At East London Hearing Centre on 1 June 2022, Employment Judge Thackray found that The Ridgeway Hotel Ltd was the Claimant's employer and dismissed all claims against Mr S Chrysanthou. The tribunal upheld the Claimant's breach of contract claim for notice pay and awarded £5,292, calculated as 12 weeks at £411 gross per week. It also upheld the unlawful deduction from wages claim and awarded £5,600 for underpayment at £70 per week over 80 weeks, as stated in the judgment.

The complaint of unfair dismissal succeeded in respect of a procedurally unfair dismissal by reason of redundancy. The tribunal awarded a redundancy payment of £12,568, a compensatory award of £1,764 for the time required for a fair procedure, and £400 for loss of statutory rights. It recorded that there were no further losses because the First Respondent had ceased trading and there was a 100% chance that the Claimant would have been fairly dismissed in any event. Because a redundancy payment had been made, there was no separate basic award.

Separate awards were made for the failure to provide a written statement of employment particulars, contrary to s.38 Employment Act 2002, in the sum of £1,764, and for the failure to provide a written statement of reasons for dismissal, contrary to section 92 Employment Rights Act 1996, in the sum of £882. All TUPE-related claims were withdrawn, the holiday pay claim was dismissed, the Employment Protection (Recoupment of Jobseeker's Allowance and Income Support) Regulations 1996 did not apply, and the total award was £28,270.