Claimant v Leybourne Fisheries Birtley Ltd
Outcome
Individual claims
The claimant was dismissed by R2 with effect from 14 July 2024 by reason of the transfer of the undertaking from R1 to R2. Under regulation 7 of TUPE, this constitutes an automatically unfair dismissal. The tribunal found the transfer was a relevant transfer under TUPE and the claimant's employment had transferred to R2 on 3 July 2024.
Facts
The claimant worked at Leybourne Fisheries for R1. While she was on holiday on 3 July 2024, the fish and chip shop business transferred from R1 to R2. The shop closed for two weeks for refurbishment starting 13 July 2024. The claimant was dismissed with effect from 14 July 2024. R1 did not submit a response or attend the hearing. R2 claimed the claimant never worked for them and did not attend the hearing.
Decision
The tribunal found that the transfer of Leybourne Fisheries was a relevant TUPE transfer and the claimant's employment automatically transferred to R2 on 3 July 2024. Her dismissal on 14 July 2024 was by reason of the transfer and therefore automatically unfair under regulation 7 of TUPE. The tribunal awarded one week's compensatory award, a basic award, and an additional four weeks' pay for failure to provide written employment particulars.
Practical note
A TUPE-related dismissal is automatically unfair even when the transferee respondent denies the employment relationship existed and fails to engage with tribunal proceedings.
Award breakdown
Legal authorities cited
Statutes
Case details
- Case number
- 6009535/2024
- Decision date
- 16 May 2025
- Hearing type
- full merits
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- hospitality
- Represented
- No
Employment details
Claimant representation
- Represented
- No