Mrs E Ferguson v Braid Ltd T/a Burns Bar and Maggidog Ltd T/a Burns Bar: 4107268/2019
| Judgment Date | 12 September 2019 |
| Subject Matter | Unfair Dismissal |
| Date | 12 September 2019 |
| Citation | 4107268/2019 |
| Published date | 17 September 2019 |
| Court | Employment Tribunal |
E.T. Z4 (WR)
EMPLOYMENT TRIBUNALS (SCOTLAND)
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Case No: 4107268/2019
Final Hearing Held in Dundee on 6 September 2019
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Employment Judge A Kemp
Mrs E Ferguson Claimant
Represented by:
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Mr R Russell
Solicitor
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Braid Ltd t/a Burns Bar First respondent
No appearance
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Maggidog Ltd t/a Burns Bar Second respondent
No appearance
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JUDGMENT OF THE EMPLOYMENT TRIBUNAL
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The judgment of the Tribunal is that
(1) the claimant was unfairly dismissed by the first respondent under section
94 of the Employment Rights Act 1996 (“the 1996 Act”);
4107268/2019 Page 2
(2) the first respondent directly discriminated against the claimant on grounds
arising out of her disability under section 15 of the Equality Act 2010 (“the
2010 Act”);
(3) the first respondent failed to make reasonable adjustments for the
claimant under section 20 of the 2010 Act;
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(4) the first respondent victimised the claimant under section 27 of the
2010 Act;
(5) There was a relevant transfer between the first respondent as transferor
and second respondent as transferee on 10 March 2019 of the business
of Burns Bar, to which the claimant had been assigned, and her dismissal
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was automatically unfair under the Regulations;
(6) the first respondent failed to consult the claimant in relation to a relevant
transfer under the Transfer of Undertakings (Protection of Employment)
Regulations 2006 (“the Regulations”), and the second respondent as
transferee is jointly and severally liable therefor under Regulation 15;
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(7) all liabilities of the first respondent to the claimant transferred from the first
respondent to the second respondent under Regulation 4 of the
Regulations;
(8) the claimant is awarded the sum of Eleven Thousand and Eighty One
Pounds and Thirty Three Pence (£11,081.33) as compensation for unfair
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dismissal under the 1996 Act, and disability discrimination under sections
15, 20, 21 and 27 of the 2010 Act;
(9) the said sum of Eleven Thousand and Eighty One Pounds and Thirty
Three Pence (£11,081.33) is payable by the second respondent as a
result of the said transfer;
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(10) the Tribunal makes a declaration that the first respondent failed to comply
with the requirements of Regulation 13 of the Regulations in respect of its
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