Automatic unfair dismissal after TUPE transfer: bus driver awarded £50,000
A transport worker was automatically unfairly dismissed when her employer failed to assign her to the correct transferring group under TUPE. The tribunal awarded £50,441.99 including a 20% ACAS uplift.
1 min read · Last updated 18 May 2026
Case details
Key facts
- Mrs M Hewer was employed by the Second Respondent immediately before a service provision change on 3 September 2018.
- She was not assigned to the Adult Social Care grouping that transferred to the Third Respondent.
- She was automatically unfairly dismissed by the Second Respondent under TUPE regulation 7(1).
- The Second Respondent was in administration and did not appear at the hearing.
- The Tribunal awarded Mrs Hewer a total of £50,441.99 including a 20% ACAS uplift.
Timeline
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Service provision change
A service provision change occurred under TUPE, transferring part of the business to the Third Respondent.
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Hearing day 1 (afternoon)
The substantive hearing began at London Central Employment Tribunal.
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Hearing day 4
The substantive hearing concluded.
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Judgment issued
Employment Judge Adkin issued the judgment on liability and remedy.
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Original remedy judgment
The Tribunal made awards including compensatory awards but excluded breach of contract damages to avoid double recovery.
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Reconsideration application by Third Claimant
Mr R Burke applied for reconsideration of the remedy.
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Reconsideration application by First and Second Claimants
Mrs M Hewer and Mr E Martin applied for reconsideration.
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Reconsideration hearing
The Tribunal heard the reconsideration applications.
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Reconsideration judgment
The Tribunal granted the applications and varied the remedy, including breach of contract damages and grossing up.
The legal issue
The tribunal had to decide whether the employee was automatically unfairly dismissed under TUPE regulations when her employer did not transfer her to the new service provider and instead dismissed her without proper process.
The outcome
The tribunal decided that the employee was automatically unfairly dismissed under TUPE regulation 7(1) and also wrongfully dismissed. The key reason was that she was not assigned to the Adult Social Care grouping that transferred to the third respondent, and the employer failed to take reasonable steps to avoid dismissal.
Compensation breakdown:
- Basic award: £11,961.11
- Compensatory award: £16,762.84
- Loss of statutory rights: £500
- Damages for breach of contract (notice pay): £4,784.40
- Accrued but untaken annual leave: £4,619.64
- ACAS uplift at 20%: £7,725.60
- Grossing up element: £4,088.40
- Total: £50,441.99
Lessons & takeaways
- If you are dismissed because your employer fails to correctly assign you under a TUPE transfer, you may have a claim for automatic unfair dismissal.
- Employers must properly identify which employees are assigned to a transferring service and consult them before any dismissal.
- An ACAS uplift of up to 25% can be added to compensation if the employer fails to comply with the ACAS Code of Practice on disciplinary and grievance procedures.
- Even if the employer is in administration, the tribunal can still award compensation against them.
- Keep records of your employment and any communications about transfers, as these are crucial evidence.
What this case shows
This case highlights the strict protections employees have when their workplace changes hands under TUPE. The employee, a bus driver, was not included in the group of workers that transferred to the new operator. Instead, her original employer dismissed her without proper consultation or consideration of alternative roles.
What the employer could have done differently
The employer, HCT Group Operations, could have avoided this outcome by correctly identifying which employees were assigned to the transferring service. They should have consulted with the employee and explored alternatives such as redeployment. Failing to do so led to an automatic unfair dismissal finding.
Why this matters
This decision reinforces that TUPE is designed to protect employees' jobs during service changes. Employers cannot simply dismiss workers who are not assigned to a transfer without following a fair process. The 20% ACAS uplift sends a clear message that ignoring statutory codes of practice will be costly.
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