Tag

#service-provision-change

10 cases tagged Service Provision Change.

Claimant won · Nov 2023

Four night drivers unfairly dismissed after employer wrongly assumed TUPE transfer

Four HGV night drivers with up to 12 years' service were unfairly dismissed when their employer assumed their jobs would transfer to a new contractor under TUPE, but the tribunal found no organised grouping existed.

tupeservice-provision-changeorganised-grouping
Claimant won £114,504 · Aug 2023

Field engineers dismissed after employer wrongly claimed TUPE transfer: £114,504 awarded

Four field engineers were unfairly dismissed when their employer told them they had transferred to a new contractor under TUPE, but no transfer had occurred. The tribunal awarded over £114,000 in total.

tupe-transferservice-provision-changeorganised-grouping
Partial win · Aug 2023

Chemical plant workers transferred to Airbus under TUPE when contract brought in-house

Three chemical effluent plant workers were automatically transferred to Airbus under TUPE when the maintenance contract expired and Airbus took the work in-house. The tribunal declared a service provision change had occurred.

tupeservice-provision-changefundamentally-same-activities
Partial win · Jun 2023

Security guard dismissed before TUPE transfer: automatic unfair dismissal

A security guard with five years' service was dismissed just before his role was outsourced. The tribunal found a TUPE transfer occurred and his dismissal was automatically unfair.

tupe-transferservice-provision-changesecurity-guard
Claimant won £1,372 · May 2023

Cleaner unfairly dismissed after cleaning contract changed hands: TUPE transfer

A cleaner with four years' service was found to be automatically unfairly dismissed when the new cleaning contractor refused to take him on. The tribunal awarded £1,372.

tupeservice-provision-changeunfair-dismissal
Partial win · Jan 2023

Care workers dismissed after TUPE transfer: claims against new provider mostly out of time

Four care workers who lost their jobs when a quadriplegic man's care moved to a new provider won statutory redundancy pay, but their unfair dismissal and notice claims failed because they were brought too late.

tupeservice-provision-changeredundancy
Claimant won £29,242 · Dec 2022

Dismissed after 17 years because new operator refused to take her on: automatic unfair dismissal under TUPE

A petrol station employee with 17 years' service was automatically unfairly dismissed when the incoming operator refused to hire her. The tribunal awarded £29,242.10, with the transferee held solely liable.

tupe-transferautomatic-unfair-dismissalservice-provision-change
Claimant won · Aug 2022

Five workers unfairly dismissed after TUPE transfer missed them out

Five employees of Westfield Shovels Limited were unfairly dismissed when their jobs were lost to a service change. The tribunal found they should have been transferred to the new contractor, not made redundant.

redundancytupeservice-provision-change
Claim dismissed · Aug 2022

Post office transfer: no TUPE protection because staff were not an organised grouping

A tribunal dismissed a post office worker's claim that her job should have transferred under TUPE, ruling that she and her son were not an 'organised grouping' whose principal purpose was the post office work.

transfer-of-undertakingsservice-provision-changeorganised-grouping
Partial win · Jul 2021

Benefits officers dismissed after contract ends: TUPE transfer confirmed

Two benefits officers dismissed by Serco when a council contract ended have won a preliminary ruling that their employment should have transferred to the council under TUPE.

tupeservice-provision-changebenefits-officers