Ms C Courtney v BXL Ltd t/a Brass Monkey Grange and 1 other — 2023

Ms C Courtney worked for GRTL at No 1 the Grange from 15 November 2021 until about 6 June 2022, then for BXL Ltd t/a Brass Monkey Grange from 18 July 2022 until 24 August 2022, when she resigned. She claimed £157.50 for unpaid wages for 15.75 hours worked in the week commencing 30 May 2022 and holiday pay said to be £854.67 before credit, reduced to £598.47 after a payment of £256.20.

The tribunal dismissed the unpaid wages claim. It found the relevant deduction date was 7 June 2022 and that the claimant did not begin ACAS Early Conciliation until 13 November 2022, after the three-month time limit had expired on 6 September 2022, so s.207B ERA 1996 did not extend time. The tribunal rejected the argument that the wages claim could be linked as part of a series with the later holiday pay claim, because the two deductions were not sufficiently similar. It accepted that the claimant had genuinely misunderstood the limitation position, but held that the mistake was not reasonable because she knew of the right to complain, had not sought free advice, and had not been misled.

The holiday pay claim was also dismissed on the merits. Applying TUPE reg 3(1)(a) and the Spijkers and Cheesman approach, the tribunal accepted that some employees and some premises assets continued, but held that the economic entity did not retain its identity after the respondent took over the premises. The tribunal relied on the month-long closure and refurbishment, the change in branding to Brass Monkey the Grange, the shift in customer base, the altered menu and pricing, the move away from table service towards counter service, and changes to lighting, music and opening hours. It therefore held that liabilities for holiday accrued during employment with GRTL did not transfer to the respondent.