Mr R Williamson and Mr S Hewitt v Airedale Catering Group Ltd and others: 1309584/2020 and 2417532/2020
| Jurisdiction | England & Wales |
| Judgment Date | 15 September 2021 |
| Date | 15 September 2021 |
| Citation | 1309584/2020 and 2417532/2020 |
| Court | Employment Tribunal |
| Published date | 10 June 2021 |
| Subject Matter | Transfer of Undertakings |
Case number: 1309584/2020
and 2417532/2020 (V)
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EMPLOYMENT TRIBUNALS
First Claimant: Mr R Williamson
Second Claimant: Mr S Hewitt
v
First Respondent: Airedale Catering Group Limited
Second Respondent: Airedale Catering Equipment Limited
Third Respondent: The Catering Design House Limited (in
Liquidation)
Representatives:
First Claimant: Mr T Brown (Counsel)
Second Claimant: Mr R Fitzpatrick (Counsel)
Second Respondent: Mr L A Armatey (Counsel)
Hearing dates: 8 & 9 April 2021 and 11 May 2021 (Reserved)
Heard at: Birmingham
Before: Employment Judge Hindmarch
RESERVED JUDGMENT
1. The claims against the First Respondent are dismissed on withdrawal.
2. The Second Claimant’s claim for unlawful deduction from wages is
dismissed on withdrawal.
3. The First Claimant’s claim of unfair dismissal is well founded and is upheld.
4. The First Claimant’s claim for notice pay is well founded and is upheld.
5. The Second Claimant’s claim of unfair dismissal is well founded and is
upheld.
6. The Second Claimant’s claim for notice pay is well founded and is upheld.
Case number: 1309584/2020
and 2417532/2020 (V)
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7. The First Claimant’s claim under Regulation 13 TUPE (failure to inform and
consult) is well founded and is upheld.
8. The Second Claimant’s claim under Regulation 13 TUPE (failure to inform
and consult) is well founded and is upheld.
9. The First Claimant’s claim for unpaid expenses is well founded and is
upheld and the sum of £1216.71 is awarded.
REASONS
1. This matter came before me for a two day hearing by Cloud Video
Platform on 8 and 9 April 2021. We concluded the evidence in the
allocated two days but there was insufficient time to hear submissions. I
therefore ordered Counsel for the parties to exchange submissions by
25 April 2021 and to exchange any replies by 10 May 2021, and
proposed that I would sit on 11 May 2021 to reach a reserved decision
with no requirement for attendance by the parties.
2. I had an agreed bundle running to 421 pages, witness statements for
each of the Claimants and from Mr Bywell, Group CEO of the Airedale
Group for the Second Respondent. I heard evidence from all three.
There was a list of issues which Counsel had discussed in advance of
the hearing. I would like to thank Counsel for their helpful submissions.
3. After the hearing I received written submissions from all Counsel and
replies from Counsel for the Second Respondent and Counsel for the
First Claimant.
4. The First Claimant (hereinafter referred to as Mr Williamson) filed his
ET1 on 8 October 2020 and the Response was filed on 3 November
2020. The Second Claimant (hereinafter referred to as Mr Hewitt) filed
his ET1 on 2 November 2020 and the Response was filed on 10
December 2020.
5. The Claimants withdrew their claims against the First Respondent which
I dismiss on withdrawal. Mr Hewitt withdrew his claim for unlawful
deduction from wages and I also dismiss that claim.
6. There was no dispute between the parties that the Claimants were
dismissed from their employment with the Third Respondent (hereinafter
referred to as CDH) on 1 July 2020.
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