Mr C Duffy v Solarcrown Commercial Ltd: (England and Wales : Breach of Contract : Protective Award : Transfer of Undertakings : Unlawful Deduction from Wages) [2017] UKET 2401543/2017 (13 June 2017)

The tribunal found that the respondent breached the claimant's contract, failed to consult as required under TUPE, and unlawfully deducted wages, warranting a protective award and compensation.

Source-derived case information.

Citation: [2017] UKET 2401543/2017
Parties: Claimant: Mr C Duffy; Respondent: Solarcrown Commercial Ltd
Jurisdiction: United Kingdom
Judgment Date: 13 June 2017
Procedural Posture: Employment Tribunal / Final Judgment
Outcome: Claim upheld
Legal Topics: Breach of Contract, Protective Award, Transfer of Undertakings, Unlawful Deduction From Wages

Employment Law Breach of Contract Protective Award Transfer of Undertakings Unlawful Deduction From Wages

Source-derived case record

Summary, issues, holding and outcome

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Full judgment text Downloadable case file Legal principles 2 Authorities cited 2 Party arguments 2

Parties

Mr C Duffy

Claimant

Solarcrown Commercial Ltd

Respondent

Procedural Posture

Employment Tribunal / Final Judgment

Legal Issues

1 Whether there was a breach of contract
2 Whether a protective award is warranted
3 Whether there was a transfer of undertakings

Ratio Decidendi

The tribunal found that the respondent breached the claimant's contract, failed to consult as required under TUPE, and unlawfully deducted wages, warranting a protective award and compensation.

Court Disposition

Claim upheld

Orders

Respondent to pay compensation for breach of contract
Respondent to pay protective award

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