Claimant v Longton Taverns Limited (in creditors voluntary liquidation)
Outcome
Individual claims
The tribunal found that both respondents failed to comply with their obligation to inform and consult under Regulation 13 of the Transfer of Undertakings (Protection of Employment) Regulations 2006 in relation to a TUPE transfer. A protective award of 10 weeks' pay was made.
The tribunal found the complaint of unfair dismissal was well-founded. The claimant was unfairly dismissed by the second respondent. Awards were made for both basic award and compensatory award, reflecting the tribunal's finding that the dismissal was procedurally and/or substantively unfair.
Facts
The claimant was an employee of Longton Taverns Limited, which entered creditors voluntary liquidation. A TUPE transfer occurred involving the second respondent, Ms Cheryl Chadwick. Neither respondent complied with their legal obligation to inform and consult the claimant about the transfer. The claimant was subsequently dismissed by the second respondent. Neither respondent appeared at the hearing to defend the claims.
Decision
The tribunal found in favour of the claimant on both claims. Both respondents were jointly and severally liable for a protective award of £2,810 for failure to inform and consult under TUPE. The second respondent was ordered to pay £2,474 for unfair dismissal, comprising a basic award and compensatory award. Total award: £5,284.
Practical note
Employers must comply with TUPE consultation obligations regardless of insolvency proceedings, and both transferor and transferee can be held jointly and severally liable for failures to inform and consult.
Award breakdown
Legal authorities cited
Statutes
Case details
- Case number
- 1307001/2024
- Decision date
- 29 July 2025
- Hearing type
- full merits
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- hospitality
- Represented
- No
Employment details
Claimant representation
- Represented
- Yes
- Rep type
- lay rep