Claimant v Aspire Bifolds Ltd (in voluntary liquidation)
Outcome
Individual claims
Preliminary hearing determined there was a TUPE transfer from Aspire to Chigwell on or around 17 January 2024. The claim for unfair dismissal will proceed to a further hearing to determine whether the dismissal on 15 December 2023 was because of the transfer or otherwise unfair, and what remedy is appropriate.
Facts
Mr Taylor was Operations Manager at Aspire Bifolds from November 2018 until dismissed for redundancy on 15 December 2023. Aspire ceased trading on that date due to financial difficulties. On 17 January 2024, Aspire assigned its shop lease to Chigwell Window Centre, which reopened on 20 January 2024. Chigwell took over Aspire's customer order book (worth £70k), acquired display windows, paid outstanding rent, and employed most of the former Aspire staff including the director, installation team and service engineer. Both businesses operated in the window and bifold door supply and installation sector.
Decision
The tribunal found there was a relevant TUPE transfer from Aspire to Chigwell on or around 17 January 2024. The economic entity retained its identity: the same shop premises, same business activity, same customer orders, and substantially the same workforce continued operating. The case will proceed to a further hearing to determine whether the dismissal was unfair and what compensation is due.
Practical note
The assignment of a lease, combined with the transfer of customer orders, minimal stock, and the continuation of substantially the same workforce performing the same economic activity, can constitute a TUPE transfer even where the transferor is in financial difficulty and the businesses have different supply chain models.
Legal authorities cited
Statutes
Case details
- Case number
- 2303440/2024
- Decision date
- 3 September 2025
- Hearing type
- preliminary
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- construction
- Represented
- Yes
- Rep type
- in house
Employment details
- Role
- Operations Manager
- Service
- 5 years
Claimant representation
- Represented
- No