E.T. Z (WR) EMPLOYMENT TRIBUNALS (SCOTLAND) Case Nos: 4105120/2022, 4105121/2022 & 4105127/2022 (V)5 Held at Aberdeen on November 2022 Employment Judge J M Hendry Miss L Church st v Aspirational Brands Limited — 2022

At the CVP hearing on 29 November 2022, the tribunal heard brief evidence from Miss Church, Miss Irving-Lewis and Mr Erskine. The respondent said the restaurants had transferred to Handmade Burger Company Limited and described the position as a TUPE transfer, but could not explain how it had been effected or who held the leases. The tribunal found that the claimants had signed contracts with Aspirational Brands Limited, that later paperwork and payslips referred to different entities, and that the staff had not been formally told of any change of employer. It allowed the claims to be amended to proceed against Handmade Burger Company Limited as the correct respondent and dismissed the claims against Aspirational Brands Limited by agreement.

On the merits, the tribunal recorded that the sums were not in dispute. It awarded Miss Church GBP 2,208.33 in lieu of notice and GBP 543.25 holiday pay; Miss Irving-Lewis GBP 760 in lieu of notice and GBP 133 holiday pay; and Mr Erskine GBP 2,333 in lieu of notice. The tribunal noted that the claimants were entitled to four weeks' notice under their contracts, that Miss Irving-Lewis worked 20 hours per week, and that the holiday sums reflected accrued holiday at dismissal. The total award was GBP 5,977.58.