Mrs N Kaminska v Your Group Ltd and Others: 4109594/2019
| Judgment Date | 24 January 2020 |
| Citation | 4109594/2019 |
| Published date | 04 February 2020 |
| Court | Employment Tribunal |
| Subject Matter | Transfer of Undertakings |
E.T. Z4 (WR)
EMPLOYMENT TRIBUNALS (SCOTLAND)
Case No: 4109594/2019
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Held at Glasgow on 15 January 2020
Employment Judge A Kemp
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Mrs N Kaminska Claimant
Represented by
Mr C Moran,
Solicitor
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Your Group Limited First Respondent
No appearance
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Dr Emanuele Clozza Second Respondent
No appearance
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Mr Joseph Albert Michael Smyth Third Respondent
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No appearance
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Dr Stephen Smith Fourth Respondent
No appearance
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4109594/2019 Page 2
Mr Fintan O'Rourke Fifth Respondent
No appearance
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JUDGMENT OF THE EMPLOYMENT TRIBUNAL
1. The Tribunal makes the following findings:
(i) There was a relevant transfer of the employment of the
claimant to the first respondent under Regulation 3(1)(a) of the
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Transfer of Undertakings (Protection of Employment)
Regulations 2006 on 20 May 2019
(ii) The claimant was dismissed by the first respondent on 30 May
2019
(iii) The sole reason for the dismissal was that she was on
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maternity leave, having commenced maternity leave on 1
March 2019
(iv) The dismissal was unlawful discrimination under section 18 of
the Equality Act 2010
(v) The dismissal was induced by the fourth respondent in terms
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of section 111 of the Equality Act 2010, or aided by him in
terms of section 112 of the said Act
(vi) The dismissal was instructed, or induced, by the fifth
respondent in terms of section 111 of the said Act, or aided by
him in terms of section 112 of the said Act
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(vii) The dismissal was unfair under section 99 of the Employment
Rights Act 1996
(viii) There was an unlawful deduction from the earnings of the
claimant under section 13 of the Employment Rights Act 1996
by the first respondent in respect of accrued but unpaid
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holiday pay.
4109594/2019 Page 3
2. The Tribunal makes the following declarations:
(i) There had been no information provided to or consultation with
the claimant or any elected employee representatives in respect
of that transfer under the terms of Regulation 13 of the said
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Regulations
(ii) Regulation 15 of the said Regulations was therefore breached
(iii) The first respondent as transferee is liable for that breach jointly
and severally with the transferor.
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3. The Tribunal awards the claimant the following sums
(i) Against the first respondent the total sum of SIXTY SEVEN
THOUSAND NINE HUNDRED AND SEVENTEEN POUNDS
FIFTY SEVEN PENCE (£67,917.57) in respect of the following-
(a) Compensation for unlawful discrimination under the
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Equality Act 2010 in the sum of £53,731.08, jointly and
severally with the fourth and fifth respondent
(b) A compensatory award for unfair dismissal under the
Employment Rights Act 1996 in the sum of £500
(c) An award for the failure to inform and consult over a
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transfer under the said Regulations in the sum of
£8,013.98
(d) An award for unlawful deduction from wages under the
Employment Rights Act 1996 for accrued holiday pay in
the sum of £589.
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(e) The total of those sums being taxable, the sum required
to account for the tax due of £5,083.51.
(ii) Against the fourth respondent jointly and severally with the first
respondent and fifth respondent the sum of FIFTY SIX
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THOUSAND FIVE HUNDRED AND THIRTY EIGHT POUNDS
EIGHTY FIVE PENCE, (£56,538.85) in respect of unlawful
discrimination under the Equality Act 2010, being the sum of
£53,731.08 and the sum required to account for the tax due of
£2,807.77
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