Cases→1303338/2023

Claimant v Corporate Facilities Services Limited

14 January 2025Before Employment Judge WoffendenMidlands Westremote video

Outcome

Other

Facts

Six claimants brought claims relating to a security services contract awarded to the second respondent (3 Lions Security Limited) on 1 February 2023. The hearing concerned whether TUPE applied to the transfer. Four of the six claimants did not attend the preliminary hearing, and only two (Farren and Reynolds) were represented by a solicitor (Ms R Bull). The third respondent (USSG Limited) also did not attend.

Decision

The tribunal determined that the condition set out in Regulation 3(3)(a)(ii) of TUPE 2006 was not satisfied in relation to the security services contract awarded to the second respondent on 1 February 2023. This means TUPE did not apply to the transfer of the contract.

Practical note

This preliminary hearing determined that TUPE protections did not apply to employees affected by the award of a security services contract, likely impacting the viability of the underlying claims.

Legal authorities cited

Statutes

Transfer of Undertakings (Protection of Employment) Regulations 2006 Reg 3(3)(a)(ii)

Case details

Case number
1303338/2023
Decision date
14 January 2025
Hearing type
preliminary
Hearing days
1
Classification
contested

Respondent

Name
Corporate Facilities Services Limited
Sector
professional services
Represented
Yes
Rep type
barrister

Claimant representation

Represented
Yes
Rep type
solicitor
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