Mr Jim McPhail v Represented by: Mr D Hutchison - Solicitor Murchland Construction Ltd — 2019

The tribunal first decided, relying on an earlier judgment involving the same respondent, that there had been a relevant transfer from William Murchland & Co Ltd to Murchland Construction Ltd on or about 1 June 2017 under the Transfer of Undertakings (Protection of Employment) Regulations 2006. It accepted that Mr McPhail was in the same position as the claimants in the earlier case, and found that his employment transferred to the respondent on that date.

The tribunal also found that Mr McPhail had started work with William Murchland & Co Ltd in 1975 and therefore had continuous and qualifying service from 1975 onwards. It recorded that, before the transfer, he worked 40 hours per week at £14.85 per hour, and that after the transfer his hours were reduced to 37.5 per week and his hourly rate to £13.68. The tribunal found that he did not agree to either reduction.

On that basis, the tribunal held that there had been an unauthorised deduction from wages in respect of the hours worked after the transfer, and that the deduction was ongoing. It accepted Mr Hutchison's calculation of the loss at £693.23 and ordered the respondent to pay that sum.

The judgment also records that the separate holiday pay complaint was withdrawn and dismissed. It further notes that the second aspect of the wages claim, described as a claim in respect of three days' pay, was no longer being pursued.