Claimant v Duno Bars Limited
Outcome
Individual claims
The tribunal found that the claimant's employment transferred to the respondent under TUPE on 26 May 2023. The respondent failed to engage with the claimant or follow any process, resulting in dismissal. There was no fair procedure followed, making the dismissal unfair.
The claimant was entitled to 12 weeks' notice of termination but received no notice. The respondent's failure to provide notice constituted a breach of contract, entitling the claimant to damages for the notice period.
The claimant had requested paid annual leave in letters dated 21 December 2022 and 17 March 2023, which went unanswered. Under regulation 14(6) of the Working Time Regulations 1998, she was entitled to payment in lieu of 12.5 days accrued but untaken annual leave on termination.
Facts
The claimant worked as a bar person from 1998, with her employment transferring through multiple business changes at premises in Greenock. She was on long-term sick leave from 2022. When the respondent took over the premises in May 2023 under a TUPE transfer, it failed to contact her or acknowledge her employment despite receiving her medical certificates. The respondent never responded to tribunal proceedings.
Decision
The tribunal found that the claimant's employment transferred to the respondent under TUPE on 26 May 2023. The respondent's failure to engage with the claimant or follow any process constituted unfair dismissal. The claimant was awarded a basic award, notice pay, and accrued holiday pay totalling £12,938.25.
Practical note
An employer who acquires a business through a TUPE transfer inherits responsibility for all employees, including those on long-term sick leave, and cannot simply ignore their existence without following proper dismissal procedures.
Award breakdown
Award equivalent: 41.1 weeks' gross pay
Legal authorities cited
Statutes
Case details
- Case number
- 4103651/2023
- Decision date
- 4 June 2025
- Hearing type
- full merits
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- hospitality
- Represented
- No
Employment details
- Role
- bar person
- Salary band
- £15,000–£20,000
- Service
- 25 years
Claimant representation
- Represented
- Yes
- Rep type
- solicitor