Claimant v Accuro Environmental Limited

Outcome

Facts

Goshen Multiservice Ltd (claimant) was awarded a cleaning contract for housing services from Luton Borough Council, previously held by Accuro Environmental Ltd (respondent). Two employees transferred under TUPE who had worked across both housing and corporate sites at different hourly rates. The respondent provided employee liability information showing consolidated salary and hours, with an explanatory letter. The claimant alleged the hourly rate information was inaccurate because it reflected the average rate across both sites rather than the higher rate for the housing site alone. The contract price had been fixed by the council before the ELI was provided.

Decision

The tribunal dismissed the claim, finding no breach of Regulation 11 TUPE. The respondent correctly provided the employment particulars as required by s1 Employment Rights Act 1996, which reflected the actual consolidated contractual terms. The regulation did not require the respondent to provide a breakdown of pay specific to the part of the work being transferred. The judge noted that even if there had been a technical breach, minimal or no loss was attributable to the respondent as the contract price was fixed before the transfer was known.

Practical note

Legal authorities cited