Mr A John v Cycle Specific Ltd (in creditors voluntary liquidation) and Mr D Morris T/a Tri Specific (a sole trader):1600939/2018
| Judgment Date | 17 June 2019 |
| Citation | 1600939/2018 |
| Published date | 21 June 2019 |
| Court | Employment Tribunal |
| Subject Matter | Unlawful Deduction from Wages |
Case Number: 1600939/2018
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EMPLOYMENT TRIBUNALS
Claimant:
Mr A John
Respondents:
Cycle Specific Limited (in creditors voluntary
liquidation) (first respondent)
Mr D Morris t/a Tri-Specific (a sole trader) (Second
respondent)
Heard at
Carmarthen
On: 11 March and 24 May 2019
(in chambers)
Before:
Employment Judge R McDonald
Mr P H Bradney
Mrs M Humphries
Appearances
For the Claimant: in person
For the Respondents: Mr G Lomas (Counsel)
JUDGMENT
The Judgment of the tribunal is as follows:
1. Cycle Specific Limited (in Creditors Voluntary Liquidation) is substituted as
the first respondent in place of Tri-Specific Ltd.
2. For the avoidance of doubt, all the claimant’s complaints against Tri-
Specific Ltd are dismissed.
3. A copy of this judgment shall be sent to the liquidator of Cycle Specific
Limited, Annette Reeve at 1st Floor, Spire Walk, Chesterfield, Derbyshire,
S40 2WG.
4. Any party which wishes to apply under rule 29 of the ET Rules to vary or
set aside the order under paragraph 1 shall do so within 14 days of the
date this judgment is sent to the parties.
Case Number: 1600939/2018
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5. The claimant’s complaint relating to the alleged failure by the first
respondent to enrol him onto a pension scheme in breach of the Pensions
Act 2008 from April 2017 fails.
6. The claimant’s complaint that the sum of £103.71 was unlawfully deducted
from his wages succeeds.
7. The claimant’s claim for a remedy for the second respondent’s breach of
Regulation 15 of the Working Time Regulations 1998 fails.
8. The claimant’s complaint that the first respondent failed to comply with the
requirement to provide information under reg.13(2) of Transfer of
Undertaking (Protection of Employment) Regulations 2006 succeeds.
9. By way of remedy:
a. The second respondent shall pay the claimant sum of £103.71
unlawfully deducted from his wages, payable net of deductions.
b. The first and second respondents are jointly and severally liable to pay
the claimant the sum of £1488.90 as compensation for the first
respondent’s failure to comply with reg.13(2) of the TUPE Regs.
REASONS
1. The claimant worked as a Triathlon coach from 21 November 2016 until
he was made redundant on 29 June 2018. The claimant was employed for
less than 2 years and so cannot bring a claim of unfair dismissal. There is
no dispute that he was initially employed by Cycle Specific Limited. There
is also no dispute that on 3 May 2018 there was a transfer of undertaking
(“the TUPE transfer”) by which the business was transferred to a new
owner. Because it was a TUPE transfer, that new owner became the
claimant’s employer from 3 May 2018. There is a dispute about who that
new owner was. We deal with that issue in the section of the judgment
headed “The respondent issue”.
2. The claimant brings a number of complaints. They relate to pension,
holiday and a failure to comply with the obligation to inform and consult
relating to the TUPE transfer.
3. At the hearing the claimant represented himself. All the respondents were
represented by Mr Lomas of counsel. The second respondent, Mr Dylan
Morris (“Mr Morris”), was also a director and co-founder of Cycle Specific
Ltd.
4. There was an agreed bundle of documents consisting of 119 pages.
During the hearing two further documents were added. These were a
screenshot of a “TrainingPeaks” cycle undertaken by the claimant (p.120)
and an extract from the holiday diary relating to the respondents’
business (p.121). There was no objection raised to the inclusion of those
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