Case 3303468/2019 · Employment Tribunal
Mr Gurnek Singh v Gilsons Foods Limited (In Voluntary Liquidation) — 2021
- Case reference
- 3303468/2019
- Decision date
- 21 September 2021
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Tobin
Parties
2 namedClaimant
Mr Gurnek Singh
Key findings
Tribunal's reasoningAt a remote hearing on 2 September 2021, Employment Judge Tobin sat alone and proceeded despite the respondent's non-attendance under rule 47. The claims against the former respondent, S & S Wines Limited (in compulsory liquidation), were withdrawn. The tribunal found that the claimant's employment transferred to Gilsons Foods Limited on or around 25 August 2018 pursuant to regulation 4(1) of the TUPE Regulations 2006.
The tribunal held that the claimant was unfairly dismissed in breach of s94 Employment Rights Act 1996. It also found that the respondent was responsible for the non-payment of outstanding wages under s13 Employment Rights Act 1996 and for failing to give a statement of employment particulars in breach of s38 Employment Act 2002.
The tribunal awarded a basic award of £5,367.58 and a compensatory award of £5,141.36 for unfair dismissal. The compensatory award was made up of £3,788.88 for notice pay, £1,052.48 for additional loss of earnings, and £300 for loss of statutory rights. It further awarded £621.48 for unpaid wages and £1,262.96 for the failure to give a statement of employment particulars, producing a total award of £12,393.38.
Claims and outcomes
4 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Transfer of undertakings (TUPE) | The tribunal found that the claimant's employment transferred from S & S Wines Limited to Gilsons Foods Limited on or around 25 August 2018 pursuant to regulation 4(1) of the TUPE Regulations 2006. | Upheld | — | — |
| Unfair dismissal | Held to be unfairly dismissed in breach of s94 Employment Rights Act 1996. The award comprised a basic award of £5,367.58 and a compensatory award of £5,141.36. | Upheld | — | £10,509 |
| Unlawful deduction from wages | The respondent was found responsible for non-payment of outstanding wages under s13 Employment Rights Act 1996. | Upheld | — | £621 |
| Other | The tribunal found a failure to give a statement of employment particulars, in breach of s38 Employment Act 2002. | Upheld | — | £1,263 |
Remedy
Monetary award- Total award
- £12,393
- across all upheld claims
- Basic award
- £5,368
- statutory, unfair dismissal
- Compensatory award
- £5,141
- compensatory remedy recorded
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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