The Samurai Kitchen Ltd (in liquidation) and Others

Case Summary

The claimant brought claims for unauthorised wage deductions and breach of contract regarding notice pay following a transfer of undertaking from the first to second respondent. The tribunal found a TUPE transfer had occurred on or before 30 October 2024, with liabilities passing to the second respondent. Both the wages complaint and notice pay breach were upheld.

The tribunal found a valid transfer of undertaking under TUPE occurred, which meant the claimant's employment transferred to the second respondent and liabilities passed accordingly. The unauthorised wage deductions and failure to pay notice pay were both found to be breaches, with the second respondent liable for payment following the transfer.

• •Transfer of undertaking pursuant to TUPE 2006
• •Unauthorised deductions from wages
• •Breach of contract in relation to notice pay
• •Liability transfer following TUPE

1 EMPLOYMENT TRIBUNALS Claimant: Mr Arjay Calpo Barcarse Respondent 1: The Samurai Kitchen Ltd (in liquidation) Respondent 2: Sore De Ltd (in liquidation) Respondent 3: The Secretary of State for Business and Trade Heard at: Bristol (by CVP) On: 19 th and 20 th March 2026 Before: Employment Judge Sanger REPRESENTATION: Claimant: Mrs Sherlyn Gorospe Respondent: Ms Whalley (lay representative) JUDGMENT The judgment of the Tribunal is as follows: There was a transfer of an undertaking from the first respondent to the second respondent, pursuant to Regulation 3 of the Transfer of Undertakings (Protection of Employment) Regulations 2006, on or before 30 th October 2024. In accordance with Regulation 4(3), the claimant would have been dismissed, but for the provisions of Regulation 7(1). According to Regulation 4(3), liabilities under the contract of employment therefore passed from the first respondent to the second respondent. Wages 1. The complaint of unauthorised deductions from wages is well-founded. There was an unauthorised deduction from the claimant's wages in the period from 16 th July 2024 to 2 nd September 2024. 2. The second respondent shall pay the claimant the gross sum of £1,814.81. Notice Pay 2 3. The complaint of breach of contract in relation to notice pay is well-founded. 4. The respondent shall pay the claimant the gross sum of £264.66 as damages for breach of contract. Employment Judge Sanger 20 March 2026 Judgment sent to the parties on 7 April 2026 Jade Lobb For the Tribunal Note Reasons for the judgment were given orally at the hearing. Written reasons will not be provided unless a party asked for them at the hearing or a party makes a written request within 14 days of the sending of this written record of the decision. Public access to employment tribunal decisions …