Case 3309081/2024 · Employment Tribunal

Mr R Branigan v JDS 64 Limited — 2026

Case reference: 3309081/2024
Decision date: 29 May 2026
Jurisdiction: England & Wales
Judge: Employment Judge Dick Appearances

Indexed: 21 July 2026

Parties

2 named

Claimant

Mr R Branigan

Respondent

JDS 64 Limited

Key findings

Tribunal's reasoning

The Tribunal found that a relevant transfer under the Transfer of Undertakings (Protection of Employment) Regulations 2006 took place on 15 July 2024 from AUK Realisations 2024 Ltd, formerly Amscan International Ltd, to JDS 64 Limited. Mr Branigan was employed by the transferor and assigned to the organised grouping subject to the transfer. The respondent dismissed him on 16 July 2024.

The complaint that the respondent was liable for failure to comply with a requirement under TUPE regulation 13 or 14 was well-founded, and the Tribunal awarded £29,999.97, equivalent to 13 weeks' gross wages. The unfair dismissal complaint was also well-founded: the dismissal was automatically unfair because Mr Branigan was dismissed because of the TUPE transfer. The Tribunal awarded a £14,700 basic award and a £24,437.33 compensatory award. It did not reduce the basic award despite the Secretary of State having awarded the same sum as a redundancy payment. The compensatory award was grossed up from net losses of £16,805.76, comprising seven weeks' pay, pension loss, loss of private healthcare and loss of car allowance.

The holiday-pay complaint was well-founded. The gross entitlement of £4,724.74 for 10.25 days was reduced by £1,245 relating to an award already made by the Secretary of State, leaving £3,479.74 payable. The unauthorised-deductions complaint was well-founded, with £461.53 awarded for one day's gross wages after payment for the other 11 days by the Secretary of State. The breach-of-contract complaint concerning notice pay was well-founded, and net damages of £9,941.60 were awarded after deducting the Secretary of State's payment from 12 weeks' net wages. The judgment did not state a single aggregate total, and it recorded that the recoupment regulations did not apply.

Claims and outcomes

5 findings recorded

Claim type	Issue or finding	Outcome	Protected characteristic	Award
Transfer of undertakings (TUPE)	Compensation equivalent to 13 weeks' wages, calculated on a gross basis, for failure to comply with a requirement under TUPE regulation 13 or 14.	Upheld	—	£30,000
Holiday pay	The gross entitlement was £4,724.74 for 10.25 days, reduced by the £1,245 gross basis of an award already made by the Secretary of State.	Upheld	—	£3,480
Unlawful deduction from wages	The award represented one day's gross wages after the Secretary of State had paid for 11 of the 12 days worked.	Upheld	—	£462
Breach of contract	Net damages for notice pay, calculated as £16,621.92 for the 12-week contractual notice period less £6,280.32 paid by the Secretary of State.	Upheld	—	£9,942
Unfair dismissal	The remedy comprised a £14,700 basic award and a £24,437.33 compensatory award.	Upheld	—	£39,137

Legal tests applied

2 references

Official outcome judgment PDF

Gov.uk primary record

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