Cases→1801031/2024

Claimant v NHS West Yorkshire Integrated Care Board

1 July 2025Before Employment Judge ShulmanLeedsremote video

Outcome

Claimant fails

Individual claims

Failure to Inform & Consultstruck out

Tribunal refused to allow amendment to add TUPE claims for failure to inform and consult under Regulation 13(2) TUPE. The claims were entirely new factual allegations substantially changing the basis of existing claims. The locus of the claimant to bring the claim under Regulation 15(1) TUPE was unclear from the pleadings. There was hardship to R2 who would have to research matters from November 2022 with no prior involvement in the transfer.

Facts

The claimant was employed by R1 (NHS West Yorkshire ICB). A TUPE transfer to R2 (Leeds Teaching Hospitals NHS Trust) occurred on 1 July 2024. The claimant alleged failure to inform and consult under TUPE Regulations. She sought to amend her claim on 16 September 2024 to add TUPE claims and join R2, but initially named the wrong entity. The correct R2 was not named until 13 December 2024, causing a delay of five and a half months from the transfer. The claimant was represented throughout by counsel.

Decision

The tribunal confirmed its earlier judgment refusing to allow amendment to add TUPE claims or join R2 as a party. The TUPE claims were entirely new factual allegations substantially altering the pleadings. Although in time under TUPE regulations, there was unexplained delay, the claimant's locus to claim was unclear from the pleadings, and there was significant hardship to R2 who would have to research historical matters from November 2022 with no prior involvement in the transfer process.

Practical note

Amendments to add TUPE failure to inform and consult claims post-transfer may be refused where the claimant's standing to bring the claim is unclear from the pleadings, there is unexplained delay in seeking amendment, and significant hardship to the proposed new respondent, even where statutory time limits are met.

Legal authorities cited

Outasight VB Limited v Brown UKEAT/0253/14/2ASelkent Bus Company Limited v Moore [1996] ICR 836Abercrombie and ors v AGA Rangemaster Limited [2014] ICR 209Vaughan v Modality Partnership [2021] IRLR 97Trimbell and or v North Lanarkshire Council and or EATS 0048/12

Statutes

Employment Tribunal Procedural Rules 2024 Rule 68(1)TUPE 2006 Regulation 3(1)(a)Employment Tribunal Procedural Rules 2024 Rule 68(2)TUPE 2006 Regulation 4(2)TUPE 2006 Regulation 4(7)TUPE 2006 Regulation 13(2)TUPE 2006 Regulation 13(4)TUPE 2006 Regulation 13(6)TUPE 2006 Regulation 13ATUPE 2006 Regulation 14

Case details

Case number
1801031/2024
Decision date
1 July 2025
Hearing type
reconsideration
Hearing days
1
Classification
procedural

Respondent

Name
NHS West Yorkshire Integrated Care Board
Sector
public sector
Represented
Yes
Rep type
barrister

Claimant representation

Represented
Yes
Rep type
barrister
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