Mr L Donald and others v Smarta Security Ltd and others: (England and Wales : Contract of Employment : Protective Award : Redundancy : Transfer of Undertakings : Unfair Dismissal : Unlawful Deduction from Wages) [2017] UKET 2401879/2016 (7 June 2017)

Mr L Donald and others v Smarta Security Ltd and others: (England and Wales : Contract of Employment : Protective Award : Redundancy : Transfer of Undertakings : Unfair Dismissal : Unlawful Deduction from Wages) [2017] UKET 2401879/2016 (7 June 2017)

The tribunal found that the respondents failed to properly consult with the claimants under TUPE, made unlawful deductions from wages, and the dismissals were unfair, entitling claimants to a protective award and compensation.

Citation
[2017] UKET 2401879/2016
Parties
Claimant: Mr L Donald and others; Respondent: Smarta Security Ltd and others
Jurisdiction
United Kingdom
Judgment Date
07 June 2017
Procedural Posture
Employment Tribunal / Judgment
Outcome
Claims upheld
Legal Topics
Contract of Employment, Protective Award, Redundancy, Transfer of Undertakings, Unfair Dismissal, Unlawful Deduction From Wages

Case Brief

Summary, issues, holding and outcome

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Parties

Mr L Donald and others

Claimant

Smarta Security Ltd and others

Respondent

Procedural Posture

Employment Tribunal / Judgment

  1. 1 Whether the claimants were unfairly dismissed
  2. 2 Whether there was a failure to consult under TUPE
  3. 3 Whether there was an unlawful deduction from wages

Ratio Decidendi

The tribunal found that the respondents failed to properly consult with the claimants under TUPE, made unlawful deductions from wages, and the dismissals were unfair, entitling claimants to a protective award and compensation.

Court Disposition

Claims upheld

Orders

  • Respondents to pay compensation for unfair dismissal
  • Respondents to pay protective award