Claimant v CPAN Survivor Ltd T/a Ryan's Bar
Outcome
Individual claims
The tribunal found the respondent breached the implied duty of trust and confidence by failing to make reasonable adjustments, removing managerial duties, failing to pay correctly, refusing personal licence/training records, barring the claimant from premises, and expressing intent to dismiss existing staff. All arose immediately after TUPE transfer. Claimant resigned in response to this breach without delay. Dismissal was also automatically unfair as connected with TUPE transfer.
Claimant had arthritis in both knees causing pain limiting standing and mobility, meeting disability definition. PCP of working double shifts on 4 days put claimant at substantial disadvantage due to pain with no recovery time. Claimant told director about knee problems and physiotherapy, giving actual or constructive knowledge. Respondent failed to adjust shift pattern despite request to return to previous shorter shifts over more days.
Tribunal accepted claimant had accrued two weeks' annual leave at termination which had not been used or paid. Respondent failed to pay for this accrued entitlement.
Facts
Claimant worked as bar manager for 18 years. Following TUPE transfer in August 2023, new owner changed her shift pattern to four double shifts per week. Claimant had arthritis in both knees causing pain and told the director she could not work double shifts due to knee problems, requesting return to previous shorter shifts. Request refused. Director removed managerial duties, failed to pay correctly, refused to provide personal licence/training records, barred claimant and husband from premises, and told customers he wanted to dismiss existing staff. Claimant resigned January 2024 and found new employment as bar manager in February 2024.
Decision
Tribunal found claimant was disabled due to arthritis limiting mobility and daily activities. Respondent's PCP of double shifts put claimant at substantial disadvantage and failure to adjust was discrimination. Respondent breached implied duty of trust and confidence through multiple actions arising from TUPE transfer. Claimant entitled to resign and dismissal was unfair, indeed automatically unfair as TUPE-connected. Claimant also owed two weeks' accrued holiday pay. Total awards: £24,483 for unfair dismissal, £11,700 injury to feelings, £963 holiday pay.
Practical note
Post-TUPE changes that disadvantage a disabled employee without reasonable adjustment can give rise to both disability discrimination and automatically unfair TUPE-connected constructive dismissal claims, particularly where employer fails to engage with adjustment requests and removes responsibilities.
Award breakdown
Vento band: middle
Award equivalent: 61.1 weeks' gross pay
Legal authorities cited
Statutes
Case details
- Case number
- 4104899/2024
- Decision date
- 30 April 2025
- Hearing type
- full merits
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- hospitality
- Represented
- No
Employment details
- Role
- Manager
- Salary band
- £30,000–£40,000
- Service
- 18 years
Claimant representation
- Represented
- Yes
- Rep type
- solicitor