Claimant v Suffolk County Council
Outcome
Individual claims
The tribunal found it had no jurisdiction to consider the TUPE claim. The claimant transferred on her existing NHS terms in 2011 in compliance with TUPE. There is no statutory provision allowing an employee to bring a claim years after a compliant transfer seeking to change to different terms. The claim brought in 2023 was 12 years out of time from the 2011 transfer.
The tribunal accepted the respondent's material factor defence under s.69 Equality Act 2010. The claimant's choice to transfer on her existing NHS terms in 2011, rather than Green Book terms, was a significant and relevant factor explaining any pay disparity. This had nothing to do with sex. Historic pay freezes affected Green Book employees but not the claimant, further supporting that any disparity was unrelated to sex.
Facts
The claimant transferred to the respondent under TUPE on 1 May 2011 from NHS employment. She chose to remain on her NHS terms and conditions as they were more beneficial due to a pay freeze affecting Green Book employees. From 2014, the pay freeze ended and Green Book terms became more advantageous. In 2023, the claimant brought claims alleging she should have been allowed to transfer to Green Book terms while retaining her superior NHS terms, and that her pay was lower than male comparators on the same grade and spinal points.
Decision
The tribunal dismissed both claims. The TUPE claim failed because the tribunal had no jurisdiction - the claimant had transferred in compliance with TUPE on her existing terms in 2011, and there is no statutory right to change terms years later. The claim was also 12 years out of time. The equal pay claim failed because the respondent established a material factor defence - the claimant's own choice to remain on NHS terms in 2011 explained any pay disparity, which had nothing to do with sex.
Practical note
An employee who validly transfers under TUPE on their existing terms cannot later bring a claim seeking to switch to the transferee's terms when those become more favourable - TUPE protects terms at the point of transfer but does not create an ongoing right to cherry-pick the most beneficial terms over time.
Legal authorities cited
Statutes
Case details
- Case number
- 3312491/2023
- Decision date
- 4 December 2025
- Hearing type
- preliminary
- Hearing days
- 2
- Classification
- contested
Respondent
- Name
- Suffolk County Council
- Sector
- local government
- Represented
- Yes
- Rep type
- barrister
Employment details
- Service
- 17 years
Claimant representation
- Represented
- Yes
- Rep type
- lay rep