Miss Gina Robinson v Mr Thavarasa Sujanthan — 2025

On a reserved judgment, the Tribunal found that the claimant's employment had transferred to the respondent under the TUPE Regulations 2006 when he took over Wrentham Stores in February 2024 and that her dismissal a week later was automatically unfair under Regulation 7 because the principal reason for the dismissal was the transfer. The respondent had not produced any evidence of operational need or change.

The Tribunal upheld the claimant's claims for notice pay (statutory notice of three weeks at £130.25 per week, £390.75) and for failure to provide a written statement of employment particulars (a section 38 Employment Act 2002 award of £260.50). The claims for redundancy and for holiday pay were not well-founded and were dismissed.

For unfair dismissal the basic award was £586.14 and a further £300 was awarded for loss of statutory rights (£886.14 in total). No compensatory award was made because the claimant found better-paid alternative employment shortly after dismissal and there was no evidence of financial losses. The Recoupment Regulations did not apply.

Source tags (gov.uk)

• Breach of Contract
• Redundancy
• Unfair Dismissal and Working Time Regulations

• section 230 Employment Rights Act 1996
• section 86 Employment Rights Act 1996
• section 139 Employment Rights Act 1996
• Regulation 7 Transfer of Undertakings (Protection of Employment) Regulations 2006
• Regulation 13 Working Time Regulations 1998
• section 38 Employment Act 2002
• rule 47 Employment Tribunal Procedure Rules 2024

Total award

£1,537

Basic award

£586

The full judgment is available on gov.uk under the Open Government Licence v3.0.

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