Cases3303529/2020

Claimant v Churchill Contract Services Limited

Outcome

Claimant fails

Individual claims

Automatic Unfair Dismissalfailed

The tribunal dismissed the claim for automatically unfair dismissal under Regulation 7 of the TUPE Regulations 2006. The judgment was delivered orally with reasons given at the hearing. The claim failed on its merits.

Facts

Mrs Drake brought a claim for automatically unfair dismissal under Regulation 7 of the TUPE Regulations 2006 against Churchill Contract Services Limited. The case involved a TUPE transfer situation. The hearing took place over three days in June 2025 at Watford Tribunal. Mrs Drake represented herself while the respondent was represented by Mr Kerr, a consultant.

Decision

Employment Judge Cowen dismissed the claim for automatically unfair dismissal under TUPE Regulation 7. The judge gave reasons orally at the hearing and did not provide written reasons in the judgment document.

Practical note

A claim for automatically unfair dismissal under TUPE Regulation 7 requires the claimant to establish that the dismissal was by reason of the transfer or a reason connected with it, and this burden was not met in this case.

Legal authorities cited

Statutes

TUPE Regulations 2006 Regulation 7

Case details

Case number
3303529/2020
Decision date
5 June 2025
Hearing type
full merits
Hearing days
3
Classification
contested

Respondent

Sector
professional services
Represented
Yes
Rep type
lay rep

Claimant representation

Represented
No