Claimant v Croome International Transport Ltd
Outcome
Individual claims
The tribunal found that the claimants were TUPE transferred to Alcaline UK Ltd on 31 March 2024. Therefore, they were not dismissed or made redundant by the respondent. The respondent's liabilities transferred to the new employer under TUPE regulations.
The tribunal concluded that the claimants were TUPE transferred rather than made redundant. As their employment continued with the transferee, they had no entitlement to redundancy pay from the respondent.
The claim for unpaid notice pay failed because the tribunal found a TUPE transfer occurred, meaning the employment contracts were not terminated by the respondent but transferred to Alcaline UK Ltd. No notice pay was therefore due from the respondent.
Facts
Two long-serving international lorry drivers claimed unfair dismissal, redundancy pay and notice pay when their employer, a specialist haulage company, ceased operations on 31 March 2024. The respondent had sold its vehicles and customer base to Alcaline UK Ltd for £145,000, with invoices explicitly referencing a TUPE transfer of eight drivers. The claimants began working for Alcaline in April 2024 but were offered new contracts with less favourable terms. Alcaline subsequently disputed that a TUPE transfer had occurred.
Decision
The tribunal found that the claimants were employees, not workers, and that a valid TUPE transfer had occurred on 31 March 2024. The economic entity (vehicles, drivers and customers) was transferred as an ongoing enterprise to Alcaline UK Ltd, and the contemporaneous correspondence demonstrated clear intention by both parties that drivers would transfer. Therefore, the claimants were not dismissed or made redundant by the respondent, and all claims failed.
Practical note
A TUPE transfer can be established through contemporaneous documentary evidence and commercial reality, even where the transferee later disputes it after difficulties arise with transferred employees over new contractual terms.
Legal authorities cited
Statutes
Case details
- Case number
- 2304607/2024
- Decision date
- 15 July 2025
- Hearing type
- full merits
- Hearing days
- 2
- Classification
- contested
Respondent
- Sector
- transport
- Represented
- Yes
- Rep type
- in house
Employment details
- Role
- International Lorry Driver
- Service
- 18 years
Claimant representation
- Represented
- No