Finance assistant dismissed without consultation after TUPE transfer: unfair dismissal and unpaid wages

What this case shows in practice

This case highlights the risks for employers who treat TUPE transfers as a clean slate. The claimant, a finance assistant, was furloughed during the pandemic and never returned to work. When his original employer's business transferred to a new company, the new employer simply stopped paying him and later dismissed him by letter citing redundancy — with no consultation, no selection process, and no notice.

The tribunal found that the claimant's employment had indeed transferred under TUPE, meaning the new employer was responsible for his contractual rights. The dismissal was both unfair (no process) and wrongful (no notice). The claimant was also owed wages for the period after the transfer.

What the losing side could have done differently

The new employer, Sandy Branding Ltd, could have avoided liability by engaging in a proper redundancy process. That would have included consulting with the claimant, using fair selection criteria, and giving notice. Even if redundancy was genuinely necessary, the lack of any process made the dismissal automatically unfair. Additionally, failing to pay wages and holiday pay was a clear breach of contract.

The employer also failed to file a response to the tribunal claim, which meant the tribunal accepted the claimant's evidence as largely unchallenged.

Why the result matters for similar claims

For employees in similar situations, this case confirms that TUPE protections are real. A new employer cannot simply ignore accrued rights or dismiss without process. The award of over £11,000 reflects the losses caused by the employer's failures, though the tribunal noted that the claimant had received some payments from the Insolvency Service.

The case also serves as a reminder that employers must pay wages even during difficult times — and that a failure to do so can lead to claims for unlawful deduction from wages alongside unfair dismissal.