Claimant v Avonmouth Brake Centre Ltd (In CVL)
Outcome
Individual claims
The tribunal struck out the redundancy claim against all three respondents on the basis that R2 and R3 both agreed there was a TUPE transfer from R1 to R3 on or about 20 November 2023, meaning there was no dismissal by R1 and no redundancy dismissal by R3 (the claimant resigned). The claimant did not challenge this position, therefore the claim had no reasonable prospect of success.
Facts
Claimant was employed by R1 from April 2011 until R1 ceased trading on 17 November 2023. He was told there was no TUPE transfer and started fresh employment with R3 on 20 November 2023, believing he had lost continuity of service. He resigned from R3 on 6 December 2023 and left on 8 December 2023. R1 is now insolvent. R2 and R3 both contend there was in fact a TUPE transfer from R1 to R3, meaning no dismissal by R1 occurred and the claimant's employment transferred to R3. The claimant claimed a redundancy payment based on the original advice he received that there was no TUPE transfer.
Decision
The tribunal struck out the redundancy claim against all three respondents as having no reasonable prospect of success. R2 and R3 both agreed there was a TUPE transfer, meaning no redundancy dismissal occurred. The claimant did not challenge this position and his claim was therefore dismissed.
Practical note
Even where a claimant acts on incorrect information given by the employer about TUPE, the tribunal must apply the law as it stands—if there was in fact a TUPE transfer and no dismissal, a redundancy claim cannot succeed.
Legal authorities cited
Statutes
Case details
- Case number
- 6002789/2024
- Decision date
- 16 October 2025
- Hearing type
- preliminary
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- transport
- Represented
- No
Employment details
- Service
- 13 years
Claimant representation
- Represented
- No