Cases→1405111/2023

Claimant v Mr Suresh Arithayas

31 January 2025Before Employment Judge YallopSouthamptonin person

Outcome

Claimant succeeds£8,740

Individual claims

Breach of Contractsucceeded

The Second Respondent failed to provide the statutory 12 weeks' notice to which the Claimant was entitled based on her 26 years of continuous service. The Tribunal awarded damages for breach of contract representing the notice pay owed.

Redundancy Paysucceeded

The Claimant was dismissed by reason of redundancy and was entitled to a statutory redundancy payment. The Second Respondent had not paid the redundancy payment owed based on 26 years' continuous service.

Failure to Inform & Consultsucceeded

The Second Respondent never provided the Claimant with a written statement of employment particulars following the TUPE transfer on 1 May 2023. The Tribunal awarded an amount equal to two weeks' pay for this breach.

Holiday Paywithdrawn

Withdrawn by claimant

Otherfailed

Claims for damages for impact on mental health, legal fees of £1,000, and 6 months' earnings were dismissed as they had no legal basis or fell outside the tribunal's jurisdiction.

Facts

The Claimant had 26 years' continuous service when her employment transferred to the Second Respondent under TUPE on 1 May 2023. She worked 23 hours per week and was dismissed by reason of redundancy on 14 May 2023, just two weeks after the transfer. The Second Respondent failed to provide notice pay, redundancy pay, or a written statement of employment particulars.

Decision

The Tribunal found all claims against the Second Respondent well-founded. The Claimant was awarded £2,185 for notice pay (12 weeks), £6,118 for statutory redundancy, and £437 (two weeks' pay) for failure to provide written particulars. All claims against the First Respondent were dismissed, and the holiday pay claim was withdrawn.

Practical note

Following a TUPE transfer, the new employer must honour all statutory obligations including notice pay, redundancy pay, and providing written employment particulars, even where the dismissal occurs shortly after transfer.

Award breakdown

Notice pay£2,185
Redundancy pay£6,118

Legal authorities cited

Statutes

Transfer of Undertakings (Protection of Employment) Regulations 2006

Case details

Case number
1405111/2023
Decision date
31 January 2025
Hearing type
full merits
Hearing days
1
Classification
contested

Respondent

Name
Mr Suresh Arithayas
Sector
other
Represented
Yes
Rep type
lay rep

Employment details

Service
27 years

Claimant representation

Represented
No
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