Claimant v Fab Maintenance Limited
Outcome
Individual claims
The tribunal determined that John Opoku was not a relevant Employee Representative under regulation 14 of the TUPE regulations 2006. The claim was therefore dismissed as not well founded.
Facts
This was a preliminary hearing concerning a TUPE transfer involving John Opoku and E Asare. The claimant John Opoku claimed he was a relevant Employee Representative under TUPE regulations. The tribunal had to determine his status at the time of transfer and whether he qualified as an Employee Representative under regulation 14 of TUPE 2006.
Decision
The tribunal dismissed John Opoku's claim that he was a relevant Employee Representative under TUPE regulation 14. However, the tribunal declared that he was an employee of John Luthers Ltd at the time of the relevant transfer.
Practical note
Employee Representative status under TUPE regulation 14 requires specific criteria to be met and cannot be assumed merely from being an employee at the time of transfer.
Legal authorities cited
Statutes
Case details
- Case number
- 3309074/2024
- Decision date
- 21 October 2025
- Hearing type
- preliminary
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- other
- Represented
- Yes
- Rep type
- lay rep
Claimant representation
- Represented
- No