Claimant v GDSPL Limited

The tribunal found that TUPE applied to the transfer of the business from NEC to the respondent on 1 May 2024. The claimant was dismissed on 21 August 2024 for alleged poor performance, but no credible evidence was provided. The tribunal concluded the dismissal was for a reason connected to the TUPE transfer, making it automatically unfair under TUPE Regulations 2006.

Struck out by judgment dated 7 November 2024 on the basis that the claimant did not have the requisite two years' service to bring an ordinary unfair dismissal claim.

The claimant was entitled to two months' notice under his contract transferred from NEC. He was dismissed with only one week's notice. The tribunal awarded him 7 weeks' notice pay as he was entitled to 8 weeks total notice.

The claimant was entitled to commission payments of 3% on completed work totalling £66,000, equating to £1,980. He was also entitled to pension contributions of £1,942.17 that had been deducted but not paid to his pension. The tribunal found these were unlawful deductions.

The claimant took 11 days' holiday while employed by the respondent but was entitled to further accrued but untaken holiday for the period January to August 2024, calculated at 14.5 days. The tribunal ordered payment of this accrued holiday at £2,185.00.

The claimant was contractually entitled to a company car allowance under his transferred contract from NEC. The respondent failed to provide this from May to August 2024 and during his notice period, totalling 6 months at £600 per month. The tribunal awarded £3,600.