Mrs S Murison v Represented by Mr P Murison,15 Son Mr G Crombie and Ms Y Smith, — 2020

The claimant, Mrs Sandra Murison, started work at the shop on 31 January 2003 when it was operated by Mr Thomas Hunter. Around 31 March 2018 the respondent partnership bought the shop. The tribunal found that the business retained its identity after the sale: the same staff stayed on, the same premises, stock, suppliers, customers and trading name were retained, and there was no break in the trading of the shop. On that basis the tribunal held there was a relevant transfer under regulation 3(1)(a) of TUPE, with continuity preserved by regulation 4 and section 218 of the Employment Rights Act 1996.

Because the transfer preserved continuity, the claimant had 16 years' continuous service when she was dismissed for redundancy on 24 October 2019 after verbal notice on 21 October 2019. The tribunal held she was entitled to a statutory redundancy payment under sections 135 and 162 of the Employment Rights Act 1996. Using her gross weekly pay of £185 and her age for the whole period of service, the tribunal calculated the redundancy payment at £4,440.

The tribunal also held that the claimant was entitled to 12 weeks' notice under section 86 of the Employment Rights Act 1996. As she had already been paid for the first week, 11 weeks remained due, calculated on her net weekly pay of £180, giving £1,980. The tribunal further found that under regulation 14 of the Working Time Regulations 1998 the claimant had 16 days' annual leave accrued in the relevant leave year, 10 days had been taken, and 6 days remained outstanding, worth £1,080.

Ms Smith had sent a text on 21 October 2019 referring to redundancy being owed, but later said legal advice indicated no payment was due. The tribunal did not impose a financial penalty under section 12A of the Employment Tribunals Act 1996, although it recorded that the respondent had not fulfilled its employment law responsibilities. The total award was £7,500.