Claimant v Polaris Medical Services Limited (in administration)

The First Respondent failed to appoint employee representatives, failed to provide the required information under reg 13(3) of TUPE, and failed to consult under regs 13(2) and 13(6) in respect of the transfer on 31 March 2023. The tribunal found affected employees entitled to 13 weeks' pay compensation.

The Second Respondent failed to appoint employee representatives, failed to provide the required information under reg 13(3) of TUPE, and failed to consult under regs 13(2) and 13(6) in respect of the transfer on 12 April 2024. The tribunal found affected employees entitled to 13 weeks' pay compensation, with the Second and Third Respondents jointly and severally liable.

The First and Second Respondents accepted they failed to pay employees and workers their wages due under their contracts of employment between February 2023 and 31 March 2023. Quantification of outstanding losses is adjourned to a future hearing.

Claims relating to alleged deductions of employee pension contributions are adjourned pending related complaints with the Pensions Ombudsman and County Court claims. The tribunal will determine jurisdiction and any necessary findings at a future hearing.

Claims of unfair dismissal were mentioned in the judgment but not determined at this hearing. Liability questions in respect of the Third Respondent following the second TUPE transfer are adjourned to a future hearing.

Whistleblowing claims were mentioned in the judgment but not determined at this hearing. Liability questions in respect of the Third Respondent following the second TUPE transfer are adjourned to a future hearing.