Nikki Marks Ltd

Case No: 3303643/2024 EMPLOYMENT TRIBUNALS Claimant: Mrs N Ross Respondent: Nikki Marks Ltd Heard at: Watford On: 25 October 2024 Before: Employment Judge Dick Representation Claimant: Ms C Howells (counsel) Respondent: Miss C Jeffrey (director of the respondent company) RESERVED JUDGMENT 1. Before 22 September 2023 the claimant was not an employee of the respondent within the meaning of the Employment Rights Act 1996 or the Transfer of Undertakings (Protection of Employment) Regulations 2006/246. 2. There was not a relevant transfer on or around 22 September 2023 within the meaning of the Transfer of Undertakings (Protection of Employment) Regulations 2006/246. 3. The complaints of unfair dismissal and failing to make a redundancy payment are dismissed because the claimant was not continuously employed by the respondent for a period of not less than two years. 4. The complaint of wrongful dismissal is dismissed as the claimant was paid for the notice period to which she was entitled under statute. Case No: 3303643/2024 REASONS Key to references: [x] = page x of agreed bundle; {y} = paragraph y of the statement of the witness being referred to. INTRODUCTION 1. The claimant worked at a beauty salon (“the salon”) from 2008. The business was operated by the respondent company (“NML”), in which the claimant was a shareholder. It traded under the name Pretty Woman & Everyman, the name of the salon. On 22 September 2023 all the shares in the business were sold to a company called Your Skin Coach Limited “YSCL”, of which Miss Cara Jeffrey was (and is) the sole shareholder. The same day the claimant signed an employment contract with NML, now of course controlled by Miss Jeffrey, as a Senior Beauty Therapist. The claimant was dismissed from that role, with one week’s not...