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.

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

1 EMPLOYMENT TRIBUNALS Claimant: Ms Justyna Szmidt 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: Herself 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 £3,461.92. 2 Notice Pay 3. The complaint of breach of contract in relation to notice pay is well-founded. 4. The second respondent shall pay the claimant the gross sum of £1,095.84 as damages for breach of contract. Redundancy Payment 5. The complaint that the second respondent was in breach of contract by failing to pay the claimant a contractual redundancy payment is well-founded. 6. Under section 163 Employment Rights Act 1996 it is determined that the claimant is entitled to a redundancy payment of £3,595.88. Employment Judge Sanger 20 March 2026 Judgment sent to the parties on 7 April 2026 Jade Lobb For the Tribunal …