Claimant v OCS Food Co Limited (previously Atalian Servest)
Outcome
Individual claims
The tribunal determined that there was a relevant transfer under TUPE Regulation 3(1)(b)(ii) from the first respondent to the second respondent on 12 June 2023. The activities carried out by the second respondent (provision of lunch catering services to residents) were fundamentally or essentially the same as those carried on by the first respondent. All conditions under Regulation 3(3) were satisfied: there was an organised grouping of employees, the client intended the activities to continue beyond short-term duration, and the activities were services rather than supply of goods.
Facts
The claimants were employed by the first respondent (OCS Food Co Ltd) to provide catering services at Marshall Estate for the Retail Trust charity. Miss Jones worked as Chef Manager from 2011 and Mr McKenzie as Catering Assistant from 2017. In June 2023, the second respondent (Texture Catering Ltd) took over the kitchen facilities and continued to provide lunch services to residents. The first respondent believed this was a TUPE transfer, but the second respondent denied any employment relationship with the claimants and did not attend the hearing.
Decision
The tribunal found there was a relevant transfer under TUPE Regulation 3(1)(b)(ii) on 12 June 2023. Although breakfast service ceased, the main activity - provision of lunch catering services to residents - continued and was fundamentally the same. All statutory conditions were met: there was an organised grouping of employees, the service was not short-term, and it involved provision of services not goods. The tribunal drew adverse inferences from the second respondent's non-attendance.
Practical note
A service provision change under TUPE can occur even where there are minor differences in services provided, such as cessation of breakfast service, if the main activities (here, lunch catering) remain fundamentally the same and all Regulation 3(3) conditions are satisfied.
Legal authorities cited
Statutes
Case details
- Case number
- 3312352/2023
- Decision date
- 7 October 2025
- Hearing type
- preliminary
- Hearing days
- 2
- Classification
- contested
Respondent
- Sector
- hospitality
- Represented
- Yes
- Rep type
- barrister
Employment details
- Role
- Chef Manager / Catering Assistant
- Service
- 12 years
Claimant representation
- Represented
- Yes
- Rep type
- barrister