Claimant v Sitemix Direct Ltd
Outcome
Individual claims
The tribunal found that the claimant was not transferred to the second respondent under TUPE and that the first respondent failed to pay statutory redundancy payment to which she was entitled.
The tribunal found that the first respondent dismissed the claimant in breach of contract by failing to provide eight weeks' notice or payment in lieu thereof.
Facts
Mrs Healey was employed by Sitemix Direct Ltd. The claim concerned whether she transferred to Exact Concrete Ltd under TUPE regulations. The tribunal found no TUPE transfer occurred. The first respondent made her redundant but failed to pay statutory redundancy payment and failed to provide eight weeks' notice as required.
Decision
The tribunal ruled there was no TUPE transfer to the second respondent. The first respondent was ordered to pay statutory redundancy payment of £5,192.28 and damages for wrongful dismissal equivalent to eight weeks' notice (£4,615.36). All claims against the second respondent were dismissed.
Practical note
Where an alleged TUPE transfer fails, the original employer remains liable for redundancy payments and notice pay obligations.
Award breakdown
Legal authorities cited
Statutes
Case details
- Case number
- 6010535/2025
- Decision date
- 13 October 2025
- Hearing type
- full merits
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- construction
- Represented
- Yes
- Rep type
- lay rep
Employment details
Claimant representation
- Represented
- No