Cleaner dismissed on TUPE transfer day: automatic unfair dismissal
A cleaner with 12 years' service was dismissed on the day her employment transferred to a new company. The tribunal found the dismissal automatically unfair and awarded £3,025.24, including an uplift for ignoring her grievance.
1 min read · Last updated 18 May 2026
Case details
Key facts
- The claimant was employed by the first respondent from 2009 as a cleaner.
- Her employment transferred to the second respondent under TUPE on 20 December 2021.
- She was dismissed by the second respondent shortly after the transfer, the reason being the transfer itself.
- The second respondent did not follow any disciplinary or grievance procedure before dismissal.
- The claimant submitted a written grievance on 17 January 2022, which was ignored.
- She was never given a written statement of employment particulars.
Timeline
-
Employment started
Rachel March began working for Whipcoot Developments Ltd as a cleaner.
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TUPE transfer
Her employment transferred to Whipcott Getaways Ltd under TUPE.
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Dismissal
She was dismissed by the second respondent on the same day as the transfer, without notice or procedure.
-
Grievance submitted
The claimant sent a written grievance to the second respondent, which was not responded to.
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Remedy hearing
The tribunal heard evidence and submissions on remedy.
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Liability judgment
The tribunal found the dismissal automatically unfair due to TUPE.
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Remedy judgment
The tribunal issued the remedy judgment awarding £3,025.24.
The legal issue
The tribunal had to decide whether the cleaner's dismissal was automatically unfair because the reason was the TUPE transfer, and what remedy should be awarded, including any uplift for the employer's failure to follow the ACAS Code of Practice on disciplinary and grievance procedures.
The outcome
The tribunal found that the cleaner was automatically unfairly dismissed because the sole reason for her dismissal was the TUPE transfer to the second respondent. The employer did not follow any disciplinary or grievance procedure before dismissing her.
Compensation awarded:
- Basic award: £1,954.05
- Compensatory award (loss of statutory rights): £300.00
- Wrongful dismissal award (notice pay): £404.91
- 15% uplift on compensatory and wrongful dismissal awards for ACAS Code breach: £105.74
- Award for failure to provide written statement of particulars: £260.54
- Total: £3,025.24
Lessons & takeaways
- Dismissing an employee solely because of a TUPE transfer is automatically unfair, regardless of the employer's intentions.
- Employers must follow a fair procedure before dismissal, even if they believe the transfer justifies it.
- Ignoring a written grievance can lead to an uplift in compensation of up to 25%.
- Employees who are not given a written statement of employment particulars can claim additional compensation.
- Length of service (12 years here) increases the basic award and may strengthen a claim for unfair dismissal.
A dismissal that broke the rules from the start
This case shows what happens when an employer ignores the legal protections that come with a TUPE transfer. The cleaner had worked for the first company for 12 years. On the day her employment transferred to a new company, she was dismissed without notice, without any procedure, and for no reason other than the transfer itself. The tribunal had little difficulty finding that this was automatically unfair.
What the employer did wrong
The second respondent made several fundamental errors. First, it dismissed the cleaner for a reason that is prohibited under TUPE regulations — the transfer itself. Second, it failed to follow any disciplinary or grievance process, which meant the dismissal was also procedurally unfair. Third, when the cleaner sent a written grievance by recorded delivery, the company simply ignored it. The tribunal applied a 15% uplift to parts of the award because of this failure to follow the ACAS Code.
Why this matters for similar claims
For employees who are transferred to a new employer under TUPE, this case is a reminder that their rights are protected from day one. The new employer cannot simply dismiss them because of the transfer. For employers, the message is clear: even if you believe a transfer gives you grounds to dismiss, you must still follow a fair process and respond to grievances. The total award of just over £3,000 reflects the cleaner's low earnings, but the principles apply to any employee — and the uplift for ignoring the grievance could have been higher if the employer had not already been penalised for other failures.
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