Case 3320784/2021 · Employment Tribunal
Mr Danny Howard Second Claimant: Mr John Jackson First v Hallmark Connections Limited Second Respondent: First Choice Mini-Bus Service Limited — 2023
- Case reference
- 3320784/2021
- Decision date
- 12 October 2023
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Bansal Members
- Venue
- Watford
- Panel members
- Mrs A Brosnan, Mrs C Baggs
Parties
2 namedClaimant
Mr Danny Howard Second Claimant: Mr John Jackson First
Key findings
Tribunal's reasoningThe tribunal found that the Claimants' employment transferred from the First Respondent to the Second Respondent on 1 August 2021. The transfer was a relevant transfer under the Transfer of Undertakings (Protection of Employment) Regulations 2006, following a service provision change. The First Respondent was discharged from the proceedings.
The claims for automatic unfair dismissal against the Second Respondent were well founded and succeeded. The claims for failure to inform and consult under regs 13 and 15 of TUPE 2006 were not well founded and were dismissed.
For Mr Danny Howard, the tribunal awarded a basic award of £12,512.00, a compensatory award of £6,391.76, notice pay of £5,544.96 and £450.00 for loss of statutory rights, giving a total of £24,898.72. The Employment Protection (Recoupment of Benefits) Regulations 1996 applied to his compensatory award; the monetary award was £19,353.76, the prescribed element was £6,391.16, the prescribed period was 1 November 2021 to 5 April 2022, and the monetary award exceeded the prescribed element by £12,962.60.
For Mr John Jackson, the tribunal awarded a basic award of £16,320.00, notice pay of £5,916.00 and £450.00 for loss of statutory rights, giving a total of £22,686.00. The recoupment regulations did not apply to him. The total ordered against the Second Respondent across both claimants was £47,584.72.
Claims and outcomes
3 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Unfair dismissal | The automatic unfair dismissal claims against the Second Respondent succeeded for both claimants following the TUPE transfer on 1 August 2021. Mr Danny Howard received a basic award of £12,512.00, a compensatory award of £6,391.76 and £450.00 for loss of statutory rights; Mr John Jackson received a basic award of £16,320.00 and £450.00 for loss of statutory rights. For Mr Howard, the recoupment regulations applied and the monetary award was £19,353.76, with a prescribed element of £6,391.16. | Upheld | — | £36,124 |
| Breach of contract | Notice pay was awarded to both claimants: £5,544.96 to Mr Danny Howard and £5,916.00 to Mr John Jackson. | Upheld | — | £11,461 |
| Transfer of undertakings (TUPE) | Claims for failure to inform and consult under regs 13 and 15 of TUPE 2006 were dismissed for both claimants. | Dismissed | — | — |
Remedy
Monetary award- Total award
- £47,585
- across all upheld claims
- Basic award
- £28,832
- statutory, unfair dismissal
- Compensatory award
- £6,392
- 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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