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#tupe-transfer

60 cases tagged Tupe Transfer.

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Showing the 20 most recent of 60 cases

Respondent won · Dec 2023

Missed redundancy interview: long-serving project manager loses unfair dismissal claim

A project manager with 10 years' service was fairly dismissed for redundancy after failing to attend a competitive interview. The tribunal rejected claims that his role as an employee representative or his grievances were the real reason.

redundancytupe-transferemployee-representative
Partial win · Dec 2023

Business Development Manager dismissed after raising grievance: redundancy or retaliation?

A tribunal found that a Business Development Manager was unfairly dismissed because the real reason was his grievance, not redundancy. The case highlights the risks of dismissing a worker who has raised concerns.

redundancygrievancefinancial-difficulties
Respondent won · Dec 2023

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.

tupe-transferconstructive-dismissalovertime-pay
Respondent won · Nov 2023

Pharmacy technician's constructive dismissal claim fails after not sharing adjustment passport with new employer

A pharmacy dispensary technician with fibromyalgia and other conditions lost her constructive unfair dismissal and disability discrimination claims after the tribunal found she did not share her adjustment passport with her new employer following a TUPE transfer.

constructive-dismissaldisability-discriminationreasonable-adjustments
Claimant won £11,670 · Nov 2023

TUPE transfer and unpaid wages: dismissal without notice on transfer day

A Data Partnerships Manager was dismissed without notice on the day his employer announced a TUPE transfer. The tribunal awarded £11,670 for breach of contract and £7,423 for failure to inform and consult.

breach-of-contracttupe-transferunpaid-wages
Claim dismissed · Nov 2023

Founder's unfair dismissal claim struck out: no continuous employment before TUPE transfer

A former CEO who founded the business could not show he was an employee of the transferor company, so his unfair dismissal claim was struck out for lack of continuous service.

tupe-transferemployee-statusdirector-as-employee
Partial win · Nov 2023

Dismissed by text message during lockdown: a TUPE redundancy that went wrong

A graphic designer with 15 years' service was dismissed by text message during the first lockdown. The tribunal found the dismissal unfair but rejected age discrimination claims.

tupe-transferredundancyage-discrimination
Claimant won £34,485 · Nov 2023

Dismissed without notice after TUPE transfer: £34,000 award for unfair dismissal and unpaid wages

A former employee was unfairly dismissed by the new employer that took over the business, and awarded £34,485 for unfair dismissal, breach of contract, and unauthorised deductions from wages.

unfair-dismissalbreach-of-contractunauthorised-deduction
Respondent won · Oct 2023

TUPE transfer dismissal: tribunal rejects employer's bid to strike out late claim

A tribunal refused an employer's application for a deposit order against a former employee whose unfair dismissal claim was filed one day late, finding he had reasonable prospects of arguing the effective date of termination was after the transfer date.

deposit-ordertime-limiteffective-date-of-termination
Claim dismissed · Oct 2023

TUPE transfer meant employer was not liable for constructive dismissal

Two employees who claimed constructive dismissal and unfair dismissal against Britannia Driving School Ltd had their claims dismissed after the tribunal found a TUPE transfer had already moved their employment to another company.

tupe-transferconstructive-dismissalunfair-dismissal
Claimant won £73,817 · Oct 2023

CEO dismissed for misconduct to avoid 12-month notice pay: unfair dismissal

A CEO with six years' service was unfairly dismissed after his employer abandoned a redundancy process and pursued gross misconduct allegations to avoid paying his 12-month contractual notice. The tribunal awarded £73,816.91.

redundancy-process-abandonedgross-misconduct-allegations12-month-notice-period
Claimant won £47,585 · Sept 2023

Minibus drivers with 17 and 26 years' service win automatic unfair dismissal claim after school contract changed hands

Two long-serving minibus drivers were found to have been automatically unfairly dismissed when a school transport contract was awarded to a new provider who refused to take them on. The tribunal awarded a total of £47,584.72.

tupe-transferautomatic-unfair-dismissalminibus-driver
Claim dismissed · Sept 2023

Asbestos removal workers' TUPE claims struck out: no transfer found

A group of former asbestos removal workers had their claims against three companies struck out after the tribunal found there was no TUPE transfer of their employment.

tupe-transferstrike-outno-reasonable-prospect
Partial win £984 · Sept 2023

Security patrol officer loses race discrimination claim but wins holiday pay for sick leave

A tribunal dismissed claims that a security officer was left out of furlough and overlooked because of his race, but awarded £984 for unpaid holiday accrued during sickness.

race-discriminationholiday-payfurlough
Partial win £14,522 · Aug 2023

Cleaner unfairly dismissed after employer went into liquidation

A cleaner was unfairly dismissed when her employer went into liquidation without following any redundancy procedure. The tribunal awarded £14,522 in compensation, reduced by 50% for the chance she would have been dismissed anyway.

redundancytupe-transferpolkey-deduction
Claim dismissed · Aug 2023

Struck out for not pursuing claim: a lesson in tribunal deadlines

A former employee who brought claims for unfair dismissal and pregnancy discrimination had her case struck out after failing to comply with orders and not attending the hearing.

strike-outnon-attendancetupe-transfer
Respondent won · Aug 2023

26-year employee dismissed after shop sale: TUPE transfer meant no liability for former employer

A post office assistant with 26 years' service was dismissed after her employer sold the shop. The tribunal found a TUPE transfer had taken place, so liability for her claims passed to the new owner and her former employer was not liable.

tupe-transfershop-and-post-officetransfer-of-undertaking
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 · Jul 2023

Two managers constructively dismissed after racist comment and failure to adjust for diabetes

An assistant store manager and a store manager with 8 and 15 years' service were constructively unfairly dismissed after their employer failed to investigate a racist comment, threatened dismissal, and required a diabetic employee to work alone on locked premises. The tribunal found a cumulative breach of trust and confidence.

constructive-dismissalrace-related-harassmentdisability-discrimination
Partial win £11,379 · Jul 2023

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

A finance assistant was made redundant without any consultation or selection process after his employment transferred to a new company. The tribunal awarded over £11,000 for unfair and wrongful dismissal and unpaid wages.

long-term-sicknesstupe-transferunlawful-deduction

Browse all 60 cases on Unfair dismissal, where you can filter by outcome, damages and year.