Claimant v Hamble Foods Ltd

Outcome

Facts

The claimant was employed as an area/operations manager for Papa Johns Pizza franchises from September 2018. He initially worked for PJ Eastleigh Ltd, then was paid by Admas Services Ltd from May 2020, before transferring to Hamble Foods Ltd in February/March 2021 when Eastleigh's business was transferred to Hamble. The respondents argued the claimant had resigned from Eastleigh and later from Admas, and that there were breaks in continuity. The claimant maintained he continued in the same operational role throughout, with payment arrangements changing for cashflow reasons during the pandemic.

Decision

The tribunal found the claimant remained employed by Eastleigh until his employment transferred to Hamble under TUPE in February/March 2021. The tribunal preferred the claimant's evidence and found that Admas had either acted as a payroll provider for cashflow reasons, or if the claimant was employed by Admas, there was a service provision transfer from Eastleigh to Admas and then from Admas to Hamble. The claimant has two years continuous service and the tribunal has jurisdiction to hear the unfair dismissal claim against Hamble Foods Ltd only.

Practical note

Legal authorities cited