The Samurai Kitchen Ltd (in liquidation) and Others

Case Summary

The claimant claimed unauthorised wage deductions, breach of contract for unpaid notice pay, and a contractual redundancy payment following a TUPE transfer from the first to second respondent. The tribunal found all complaints well-founded and determined that the second respondent was liable for the employment contract liabilities. The tribunal ordered payment of £3,462 for wage deductions, £1,096 for notice pay damages, and £3,596 as a redundancy payment.

The tribunal found that a TUPE transfer occurred on or before 30 October 2024, and under Regulation 4(3) the claimant would have been dismissed but for Regulation 7(1), meaning employment liabilities passed to the second respondent. All three complaints were found well-founded: unauthorised wage deductions occurred, notice pay was not provided as required by the contract, and the contractual redundancy payment was not made.

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• •Transfer of undertaking under TUPE Regulations 2006
• •Unauthorised deductions from wages
• •Breach of contract regarding notice pay
• •Contractual redundancy payment entitlement

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