Claimant v Secretary of State for Business and Trade
Outcome
Individual claims
Claimant was an employee of Brewz Bar Ltd from approximately 1 April 2023 when she moved from Bangerz n Brewz Ltd. However, this was not a TUPE transfer as no economic entity transferred - only the claimant herself moved. Employment with Brewz Bar Ltd commenced April 2023, giving insufficient continuity of service (10 months) to qualify for statutory redundancy payment which requires two years' service.
Struck out as presented out of time. Secretary of State rejection letter dated 12 March 2024 started limitation period. Claim should have been filed by 11-13 June 2024. ACAS EC commenced 29 July 2024 after primary period expired, giving no extension. Claim filed 13 August 2024, approximately two months late. Claimant professionally represented from 27 March 2024 and no impediment to filing in time. Not reasonably practicable defence failed.
Struck out as presented out of time for same reasons as notice pay claim. Time limit expired 11-13 June 2024, claim filed 13 August 2024. Claimant was professionally represented well within limitation period and chose not to file while seeking reconsideration from Secretary of State. Delay from second rejection on 12 June to filing on 13 August unexplained.
Struck out as presented out of time for same reasons as other monetary claims. Primary limitation period expired 11-13 June 2024. Claim filed 13 August 2024 approximately two months late. Not reasonably practicable to present in time and not presented within reasonable time thereafter.
Facts
Claimant was director and 50% shareholder of Brewz Bar Ltd which entered creditor's voluntary liquidation on 1 February 2024. She claimed she was an employee from October 2018 with Bangerz n Brewz Ltd, transferring to Brewz Bar Ltd under TUPE in April 2023. She worked part-time during school term time in an administrative support role, paid via PAYE at approximately £12,500-£25,000 per annum. Secretary of State rejected her claims for payments from National Insurance Fund on basis she was not an employee. Her husband resigned as co-director in October 2023 leaving her as sole director/shareholder until insolvency.
Decision
Tribunal found claimant was an employee at insolvency but dismissed all claims. Notice pay, unpaid wages and holiday pay claims struck out as approximately two months out of time - Secretary of State's rejection letter started time limit and claimant was professionally represented throughout. Redundancy pay claim failed as claimant only had 10 months' service with Brewz Bar Ltd from April 2023. Alleged TUPE transfer failed as no economic entity transferred - only the claimant herself moved between related companies.
Practical note
A director/shareholder moving between related companies does not constitute a TUPE transfer without transfer of the underlying business/economic entity, breaking continuity of employment for statutory rights.
Legal authorities cited
Statutes
Case details
- Case number
- 1401911/2024
- Decision date
- 4 July 2025
- Hearing type
- full merits
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- central government
- Represented
- Yes
- Rep type
- lay rep
Employment details
- Role
- Administrative support role alongside store managers
- Salary band
- £25,000–£30,000
- Service
- 10 months
Claimant representation
- Represented
- Yes
- Rep type
- lay rep