At the Tribunal | |
Before
THE HONOURABLE MR JUSTICE LINDSAY (PRESIDENT)
MR P DAWSON OBE
MRS J M MATTHIAS
APPELLANT | |
RESPONDENT |
Transcript of Proceedings
JUDGMENT
PRELIMINARY HEARING
For the Appellant | NO APPEARANCE OR REPRESENTATION BY OR ON BEHALF OF THE APPELLANT |
MR JUSTICE LINDSAY (PRESIDENT):
"We believe Mr Witcher was probably dismissed by the manager, Mr A. Ivans, who carried out this transaction without consultation or the knowledge of the owners. Mr Witcher referred to the reopening of the restaurant. Please note we understand Mr A. Ivans and Ms T. Clement formed their own company [and then it seems to say] [Holdgate Ltd] purchased the lease of the premises from the landlord and owned their own business, and their company have no legal connection with Jump in the Sax which is insolvent and unable to pay its debts."
"1. By Consent, the title of the Second Respondent is amended to Holdgate Ltd t/a Uncle Sam's American Diner."
"2 The Tribunal declares that there has been an unlawful deduction from the wages of the Applicant in the sum of £669.16 in respect of outstanding wages and holiday pay, and the Tribunal orders the Second Respondent to pay this sum to the Applicant.
3 The Applicant has been unfairly dismissed by the Second Respondent.
4 The Applicant is entitled to a Basic Award of £230.00.
5 The Applicant is entitled to a Compensatory Award of £239.16.
6 The Second Respondent is responsible for payment of the Basic Award and Compensatory Award."
There is other relief but we need not set it out.
"Towards the end of April, Mr Ivans telephoned the Applicant to ask for his address, so that he could pay any outstanding money to him."
And later, as confirmation of the Employment Tribunal's view that there had, indeed, been a transfer, the Tribunal went on:
"Our views are confirmed by the fact that Mr Ivans telephoned the Applicant towards the end of April to ask for his address, so that he could be paid his outstanding wages."