Mr P Cebula v Represented by: A Sierant Consultant Nickam Limited and 1 other — 2021

Mr P Cebula worked for Nickam Ltd as head chef at Miros from 20 June 2017 to 31 October 2020. After Nickam Ltd acquired the restaurant on or about 28 August 2020 by TUPE, Mr Maham told staff their jobs were at risk unless they worked together and discussed reducing hours. Following the Scottish Government announcement on 7 October 2020, the respondent reduced opening days and then decided to make half of its staff redundant, giving the claimant notice by email on 10 October 2020.

The tribunal accepted that redundancy was the reason for dismissal and rejected the suggestion that it was a sham. It nevertheless found the dismissal unfair under section 98 of the Employment Rights Act 1996 because there had been no consultation or warning before the dismissal email, no discussion of the selection criteria with staff, no fair application of the criteria actually used, no real consideration of alternative employment, and no appeal offered. The tribunal referred to the redundancy dismissal principles in Williams and ors v Compair Maxam Ltd and Polkey v A. E. Dayton Services Ltd. The unfair dismissal award was £1,191.55, made up of a £371.20 basic award and a £820.35 compensatory award.

The notice-pay claim succeeded as an unlawful deduction from wages: the claimant was entitled to three weeks' notice but was paid statutory sick pay rather than full pay during that period, so £619.11 was awarded. The holiday-pay claim also succeeded, with the tribunal calculating pro rata leave under the Working Time Regulations; the reasons section calculates £699.17 due, while the formal order records £619.11. A further £680 was awarded under section 38 of the Employment Act 2002 because the respondent had prepared but not issued written particulars of employment.