Claimant v Oncall Group Resources Limited
Outcome
Individual claims
The tribunal determined that there was no transfer of an undertaking or business to the Respondent pursuant to TUPE 2006. Without a valid TUPE transfer, the tribunal had no jurisdiction to hear the unfair dismissal claim against this respondent. The claim was therefore dismissed for lack of jurisdiction.
Facts
The Claimant brought an unfair dismissal claim against Oncall Group Resources Limited, asserting that his employment had transferred to them under TUPE 2006. The matter proceeded to a preliminary hearing to determine whether a TUPE transfer had occurred. The Claimant appeared in person while the Respondent was represented by a consultant.
Decision
The tribunal found that there was no transfer of an undertaking or business to the Respondent under TUPE 2006. Without such a transfer, the tribunal had no jurisdiction to determine the unfair dismissal claim, and it was therefore dismissed.
Practical note
A claimant must establish that a valid TUPE transfer occurred before the tribunal can exercise jurisdiction over claims arising from that alleged transfer.
Legal authorities cited
Statutes
Case details
- Case number
- 1304746/2023
- Decision date
- 5 August 2025
- Hearing type
- preliminary
- Hearing days
- 2
- Classification
- contested
Respondent
- Sector
- professional services
- Represented
- Yes
- Rep type
- lay rep
Claimant representation
- Represented
- No