Claimant v Matthew Thomas Shaw
Outcome
Individual claims
The tribunal found that following a TUPE transfer of The Wheatsheaf Hotel on or around 25 June 2004, the claimant was automatically unfairly dismissed by the second respondent pursuant to Regulation 4(9) and Regulation 7 TUPE. The dismissal occurred on 6 August 2004 and was automatically unfair due to the TUPE transfer context.
Facts
The claimant was employed at The Wheatsheaf Hotel in Littleborough. A TUPE transfer of the hotel occurred on or around 25 June 2004. The claimant's employment transferred to the second respondent. On 6 August 2004, the claimant was dismissed by the second respondent. The claimant found new employment from 6 September 2004 at lower earnings.
Decision
The tribunal found the dismissal was automatically unfair under TUPE Regulations 4(9) and 7. The claimant was awarded £9,991 comprising basic award, compensatory award, notice pay and loss of statutory rights. The compensatory award accounted for losses from dismissal to the hearing date, adjusted for mitigation through new lower-paid employment.
Practical note
Dismissals connected to TUPE transfers are automatically unfair, and long-term ongoing wage losses can accumulate to substantial compensatory awards even where the claimant mitigates by finding lower-paid alternative employment.
Award breakdown
Legal authorities cited
Statutes
Case details
- Case number
- 6007958/2024
- Decision date
- 17 November 2025
- Hearing type
- full merits
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- hospitality
- Represented
- Yes
- Rep type
- lay rep
Employment details
Claimant representation
- Represented
- No