Claimant v Mr Thavarasa Sujanthan

The tribunal found that the claimant's employment transferred to the respondent under TUPE on 19 February 2024. The claimant was dismissed on 25 February 2024, just days after the transfer. The tribunal concluded that the principal reason for dismissal was the transfer itself, which constitutes automatically unfair dismissal under Regulation 7 of the TUPE Regulations.

As the tribunal determined that the principal reason for dismissal was the TUPE transfer (an automatically unfair reason), there was no issue of redundancy arising. The claim for redundancy pay was therefore dismissed.

The claimant was dismissed without notice. The tribunal found she was entitled to statutory notice pay because there was no written or oral contract setting out terms of notice period. With 3 full years of service, she was entitled to 3 weeks' statutory notice.

The claimant was not entitled to statutory holiday pay because she was unable to detail what leave had or had not been taken during the previous employment year. Without evidence of accrued but untaken leave, the claim could not succeed.

The respondent admitted that no employment particulars were provided to the claimant. The tribunal found that following the TUPE transfer, the respondent should have provided a statement of employment particulars. The claimant was awarded the minimum two weeks' pay under section 38 of the Employment Act 2002.