Claimant v S&K Fruit and Veg
Outcome
Individual claims
The First Respondent failed to defend the claim under rule 21. The tribunal heard evidence from all three claimants and was satisfied that they had been unfairly dismissed, awarding compensatory awards to each.
The tribunal found that each claimant was dismissed by reason of redundancy and awarded statutory redundancy payments based on their length of service and pay.
The tribunal found that each claimant had been dismissed without proper notice and awarded damages for breach of contract in respect of notice pay.
The First Respondent failed to pay accrued but untaken holiday entitlement on termination. The tribunal awarded each claimant their outstanding holiday pay.
The tribunal found that the First Respondent had made unauthorised deductions from wages and ordered payment of the gross amounts owed to each claimant.
Claims for failure to provide itemised pay statements were dismissed upon withdrawal by the claimants.
Facts
Three claimants worked in a fruit and vegetable shop in Frome initially owned by S.K. Fruits Ltd (Second Respondent). On 3 March 2023, they were told the business was being taken over. The shop was transferred to S&K Fruit and Veg (First Respondent), a company incorporated on 3 March 2023 with Ramy Bader as sole director. The claimants received one payslip from the First Respondent but were then dismissed in May 2023 by Elsayed Abdelmotaleb. They were not paid proper notice, holiday pay, or all wages owed.
Decision
The tribunal determined that the effective transferee was the First Respondent, which failed to file a defence. Under rule 21, the tribunal heard evidence and awarded judgment in favour of all three claimants for unfair dismissal, redundancy pay, notice pay, holiday pay, and unlawful deductions from wages. Claims against the Third Respondent were dismissed on withdrawal.
Practical note
When a transferee fails to defend TUPE-related claims, tribunals can enter default judgment under rule 21 after determining the correct employer, even where there is confusion about corporate identity and the involvement of individuals acting for undisclosed principals.
Award breakdown
Legal authorities cited
Statutes
Case details
- Case number
- 1404340/2023
- Decision date
- 24 October 2024
- Hearing type
- preliminary
- Hearing days
- 1
- Classification
- default
Respondent
- Sector
- retail
- Represented
- No
Employment details
- Role
- retail worker in fruit and vegetable shop
Claimant representation
- Represented
- Yes
- Rep type
- solicitor