Sales and lettings manager Daniel Denby has been awarded £8,270 following his claim of constructive dismissal against London agency Alan Goldin Estates.

In a complicated case brought against the Finchley firm in June 2021, Denby made his complaint after a transfer of ownership he was unaware of.

Denby started working for Alan Goldin Estates in March 2016 as a negotiator but had been promoted to sales and lettings manager by the time his employment came to an end.

ORAL CONTRACT

Throughout his employment, up until 24 February 2021 he had an oral contract of employment and was paid £32,000 per annum plus commission.

Until 31 March the firm was owned firstly by Mr Alan Goldin, and then at some point in 2020 it was transferred to Remi Estates (a company owned by Alan Goldin’s son Adam Goldin).

Remi Estates was also a small property management firm which operates in a similar manner to Alan Goldin Estates. The director is Mr Adam Goldin.

Despite the transfer of the business to Remi Estates, Employment Judge Daley, sitting alone at the Watford employment tribunal (main picture), found that nothing changed in the day-to-day management of the firm, and Denby continued to consult with Alan Goldin with some frustrations as to how the portfolio was managed.

DIRECT

Denby said it was his hope that once Adam Goldin took over, he would have a more direct say in the direction of the business.

I am persuaded that Mr Denby was unaware of this transfer as he approached Mr Alan Goldin on matters that were important to him, including questions concerning whether he could have a pay rise.”

Judge Daley said: “Given this I am satisfied that had Mr Denby been aware of the transfer he would have referred some of his queries about the day-to-day management to Mr Adam Goldin, especial in respect of the managed property.

“I am persuaded that Mr Denby was unaware of this transfer as he approached Mr Alan Goldin on matters that were important to him, including questions concerning whether he could have a pay rise.”

Denby was awarded £8,270 in total – a basic award of £2,700; loss of statutory rights in the sum of £400; loss of Benefits in the sum of £1,590; a compensatory award in the sum of £3,580 subject to recoupment of income support. The amount of the prescribed element was £3,580. The dates of the period to which the prescribed element relates are 8 April 2021 to 13 September 2022.

The amount by which the monetary award exceeds the prescribed element was £4,690.

Read the judgement in full.