Jack David Harris Decorators Ltd and Decorating Contractors Ltd

Case Summary

The claimant brought claims for unfair dismissal and breach of TUPE regulation 13 against two respondents. The tribunal found the first respondent breached regulation 13 and awarded compensation of £8,250.06. Claims against the second respondent were stayed due to the company being in compulsory liquidation.

The tribunal found the first respondent breached regulation 13 of TUPE 2006 and awarded compensation accordingly. Claims against the second respondent were stayed as the company was in compulsory liquidation, which prevents legal proceedings from continuing without court permission under the Insolvency Act 1986.

• •Breach of regulation 13 of TUPE 2006
• •Unfair dismissal
• •Compulsory liquidation of second respondent

Case No: 2305347/2021 10.2 Judgment - rule 61 February 2018 EMPLOYMENT TRIBUNALS Claimant: Ms M Vetriano Respondent: 1) Jack David Harris Decorators Ltd 2) Decorating Contractors Ltd Heard at: London South, by video On: 29 th July 2022 Before: Employment Judge Reed Representation Claimant: Ms Laxton, Counsel Respondents: Did not attend JUDGMENT 1. The Tribunal declares that the 1 st Respondent has failed to comply with regulation 13 of TUPE 2006 and orders the 1 st Respondent to pay compensation of £8,250.06 in respect of that breach pursuant to regulation 15. 2. The claims for unfair dismissal and breach of regulation 13 against the 2 nd Respondent are stayed because the 2 nd Respondent company is in compulsory liquidation. The Insolvency Act 1986 provides that legal proceedings cannot be instituted or continued against the company without the permission of the court. Employment Judge Reed Date: 29 th July 2022