Ms M Rogers v Stella Brodie t/a Grouchos — 2020

Ms M Rogers had worked for Alistair Brodie t/a Grouchos from 6 April 1997 as assistant manager. After Mr Brodie died on 31 July 2020, the respondent took over the business and the claimant and her colleagues transferred under TUPE on 1 August 2020. The store had closed on 21 March 2020 when the Covid lockdown began, and on 14 June 2020 the respondent told the claimant and her colleagues that their employment was ending and that no notice or redundancy payment would be made.

The tribunal accepted the claimant's evidence. It found that, when the employment ended, the respondent had ceased to operate from the premises and the requirements of the business for the claimant's work had ceased. Applying the redundancy provisions in s.139 ERA 1996 and the presumption in s.163(2) ERA 1996, it held that the claimant was dismissed by reason of redundancy and awarded a statutory redundancy payment of £9,100. That sum was calculated on a weekly pay of £350, 23 years' service capped at 20 years, and the age-related multipliers.

The tribunal also found a breach of contract because no statutory minimum notice was given. Under s.86(4) ERA 1996 the claimant was entitled to 12 weeks' notice, and damages were assessed at £4,200, based on £350 per week. It further upheld the holiday pay claim under Reg 14 of the Working Time Regulations 1998 and s.13 ERA 1996, awarding £1,610 gross for 4.6 weeks of untaken leave. The total award was £14,910 gross.