Tag
#tupe
21 cases tagged Tupe.
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Showing the 20 most recent of 21 cases
TUPE transfer found after asset sale of insolvent company: managing director's claim succeeds
A managing director's employment was found to have transferred to the buyer of his insolvent employer's intellectual property and goodwill, even though production stopped for six months.
TUPE transfer during liquidation: protective award and unfair dismissal claims fail, but consultation breach succeeds
Former telemarketing employees lose protective award and unfair dismissal claims after a TUPE transfer from a company in creditors' voluntary liquidation, but win compensation for failure to consult.
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.
Senior hairdresser with long COVID wins constructive dismissal case over part-time return refusal
A senior hairdresser with 12 years' service who resigned after her employer refused her GP-recommended phased return of two days a week has been awarded £13,699 for constructive unfair dismissal and failure to make reasonable adjustments.
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.
School transport driver wins £3,361 for unpaid wages but loses discrimination claim
A tribunal awarded £3,361.96 to a taxi driver who was denied holiday pay and had unauthorised deductions made, but rejected her claims of sex discrimination and detriment for whistleblowing.
TUPE claim against alleged phoenix company fails: no transfer of undertaking
A chief technical officer who claimed his employment transferred to a new company when his employer ran into difficulties has lost his TUPE claim. The tribunal found no assets, employees or IP had moved.
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.
36-year employee dismissed on redundancy: tribunal allows discrimination claims to proceed
A tribunal has allowed age and sex discrimination claims to proceed against a car sales company, while striking out an unfair dismissal claim because the claimant was not employed by the respondent at the time of dismissal.
Former COO fails to establish continuity of employment after moving to new company
A former COO and director of a digital publishing company could not claim unfair dismissal or a redundancy payment because he did not have sufficient continuous employment. The tribunal ruled there was no TUPE transfer, associated employer relationship, or successor employer.
US-based finance manager fails to bring unfair dismissal claim in UK tribunal
A finance manager who moved to New York for work was unable to pursue unfair dismissal claims in the UK because his employment had stronger ties to the US. The tribunal ruled it lacked territorial jurisdiction.
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.
TUPE transfer: roaming employees assigned to business unit that transferred
Three of seven employees found to have transferred under TUPE when part of their employer's business was sold out of administration. The tribunal examined assignment of roaming, multi-site workers.
MOT tester dismissed to clear way for business sale: automatically unfair under TUPE
An MOT tester with eight years' service was dismissed to facilitate a business transfer, making the dismissal automatically unfair. The tribunal awarded £6,837 in compensation, reduced by 10% for contributory conduct.
Bathstore store-by-store sale: no TUPE transfer for head office staff
Five former Bathstore employees failed to prove their contracts transferred to Homebase after it bought 44 stores. The tribunal ruled each store was a separate economic entity and none of the claimants were assigned to a transferred store.
Unfair dismissal after redundancy: employer in liquidation fails to defend claim
A former employee of Arnold Sanderson Limited has been awarded nearly £30,000 after the company dismissed him by reason of redundancy and failed to respond to his tribunal claim.
Financial advisor dismissed in redundancy: scoring matrix not shared until hearing
A financial advisor who sold his client bank to his employer was made redundant after scoring lowest on a matrix he never saw. The tribunal dismissed his unfair dismissal claim because he lacked the required two years' continuous service.
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.
CFO dismissed after company liquidation: notice and holiday pay awarded
A chief financial officer was dismissed by reason of redundancy when her employer entered liquidation. The tribunal awarded £9,015.92 for unpaid notice and holiday pay but dismissed claims for discrimination and unfair dismissal.
Systems Developer made redundant after outsourcing decision: TUPE transfer claim fails
A tribunal dismissed a Systems Developer's claim that his redundancy was automatically unfair due to a TUPE transfer, finding the dismissal was genuinely for redundancy and not connected to any transfer.
Browse all 21 cases on Unfair dismissal, where you can filter by outcome, damages and year.