A Mitchell v Cera Care Operations (Scotland) Ltd
4105853/2023
- Decision date
- 18 Mar 2024
- Published
- 4 Apr 2024
- Country
- Scotland
- Source
- GOV.UK
Breach of Contract
Working Time Regulations
Judgment PDF (9 pages · 12 chunks)
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EMPLOYMENT TRIBUNALS (SCOTLAND) 5 Case No: 4105853/2023 Hearing by Cloud Video Platform at Edinburgh on 8 January 2024 Employment Judge: M A Macleod 10 Amy Mitchell Claimant In Person Cera Care Operations (Scotland) Limited Respondent Represented by 20 Mr M Islam-Chaudhury Barrister 25
JUDGMENT OF THE EMPLOYMENT TRIBUNAL The Judgment of the Employment Tribunal is that the respondent acted in 30 breach of Regulation 4(4) of the Transfer of Undertakings Regulations 2006; that no compensation is awarded to the claimant in this regard; and that the claimant’s other claims all fail and are dismissed.
REASONS 35
1. The claimant presented a claim to the Employment Tribunal on 11 October 2023 in which she complained that she had been unlawfully deprived of holiday pay, that her contract had been breached by the respondent, and
ETZ4(WR) 4105853/23 Page 2 that the respondent had breached the Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE).
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