Night concierge resigns after TUPE transfer: constructive dismissal claim fails
A night concierge who resigned after a TUPE transfer, claiming his overtime, sick pay and holiday entitlement were cut, has lost his unfair dismissal claim. The tribunal found no such cuts were made.
1 min read · Last updated 19 May 2026
Case details
- #tupe-transfer
- #constructive-dismissal
- #overtime-pay
- #sick-pay
- #holiday-entitlement
- #night-concierge
Key facts
- The claimant's employment transferred from Lee Baron to POD Group Services Ltd on 1 January 2023.
- The claimant alleged that at a meeting on 5 December 2022, the respondent said his overtime, sick pay, and holiday entitlement would be cut.
- The respondent denied making any such statements and said all terms would remain the same.
- The claimant resigned verbally on 4 January 2023, citing the alleged cuts as the main reason.
- The tribunal found that the respondent did not cut the claimant's terms and conditions, and the claimant's holiday entitlement actually improved.
Timeline
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Employment started
Claimant began work as a night concierge at Sovereign Court for Lee Baron Group Limited.
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Measures letter sent
Respondent emailed the claimant a 'measures letter' outlining the effect of the TUPE transfer, including a salary increase and holiday entitlement of 28 days.
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Meeting with respondent
A meeting was held with the claimant, colleagues, and representatives from Lee Baron and the respondent. The claimant claims cuts were announced; the respondent denies this.
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TUPE transfer effective
The claimant's employment transferred to POD Group Services Ltd.
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Claimant resigned
The claimant attended work for training but left early and verbally resigned, citing alleged cuts to overtime, sick pay, and holiday entitlement.
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Email exchange
Claimant emailed respondent requesting contract and confirming resignation. Respondent replied that all benefits remained in place.
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Claimant offered to return
Claimant emailed offering to return if terms were confirmed unchanged. Respondent said resignation had been processed and he could reapply.
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Preliminary hearing
A preliminary hearing was held before Employment Judge Ord, which the respondent did not attend.
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Final hearing
The substantive hearing took place before Employment Judge Shukla via CVP. The respondent's strike-out application was rejected.
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Judgment issued
Employment Judge Shukla issued judgment dismissing the claimant's complaints of unfair dismissal and TUPE breaches.
The legal issue
The tribunal had to decide whether the respondent made cuts to the claimant's overtime pay, sick pay, or holiday entitlement following a TUPE transfer, and if so, whether those cuts amounted to a fundamental breach of contract entitling the claimant to resign and claim unfair dismissal.
The outcome
The tribunal dismissed the claimant's complaints of unfair dismissal (constructive dismissal) and breaches of TUPE regulations.
The key reason was that the respondent did not cut the claimant's overtime, sick pay, or holiday entitlement. The measures letter sent before the transfer showed a salary increase and 28 days' holiday, and the respondent's witnesses denied any cuts were announced at the 5 December meeting. The tribunal preferred the respondent's evidence.
No compensation was awarded as the claim failed entirely.
Lessons & takeaways
- If you believe your terms are being cut after a TUPE transfer, get written confirmation before resigning — the tribunal will look at what was actually offered, not just what you understood.
- Resigning without first raising your concerns in writing can weaken a constructive dismissal claim, as the employer may argue you resigned for other reasons.
- Keep copies of all communications from your employer about changes to terms — emails and letters are stronger evidence than recollections of meetings.
- If you are unrepresented, ensure you comply with tribunal directions and file witness statements on time to avoid procedural difficulties.
A case of misunderstanding or miscommunication?
This case shows the risks of resigning based on what you believe you heard in a meeting, especially when the employer denies making any changes. The night concierge, who had worked for five years, resigned just days after his employment transferred to a new company. He claimed that at a meeting on 5 December 2022, the new employer said his overtime, sick pay, and holiday entitlement would be cut. The employer said no such cuts were mentioned and that all terms would remain the same.
The tribunal had to decide who to believe. The employer produced a 'measures letter' sent before the meeting that showed a salary increase and holiday entitlement of 28 days — an improvement. The employer's witnesses gave consistent evidence that no cuts were announced. The claimant, who represented himself, was unable to provide any documentary evidence to support his version of events.
What the employer did right
The employer took steps that helped its case: it sent a clear measures letter before the transfer, it denied making any cuts at the meeting, and it responded to the claimant's resignation emails by confirming that all benefits remained in place. When the claimant later offered to return if terms were unchanged, the employer pointed out that it had already given those assurances. This consistency helped the tribunal accept the employer's account.
Why the claim failed
The tribunal found that the claimant's holiday entitlement actually improved after the transfer, and there was no evidence that overtime or sick pay were cut. Because there was no breach of contract, the claimant could not claim constructive dismissal. The case is a reminder that a successful constructive dismissal claim requires a fundamental breach of contract by the employer — and the employee must be able to prove it.
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