Claimant v Royale Group OPCO Limited
Outcome
Individual claims
The tribunal found that the respondent failed to inform and consult with the claimant regarding a TUPE transfer that took effect on 14 July 2023. The respondent did not attend the hearing to defend the claim, and judgment was entered in the claimant's favour by default.
Facts
The claimant was an employee of Royale Group OPCO Limited earning £432.69 gross per week. A TUPE transfer took effect on 14 July 2023. The respondent failed to inform and consult with the claimant about this transfer as required by law. The respondent did not attend the tribunal hearing.
Decision
The tribunal upheld the claimant's claim for failure to inform and consult regarding the TUPE transfer. As the respondent did not attend and did not defend the claim, judgment was entered by default. The claimant was awarded 13 weeks' gross pay totalling £5,624.97.
Practical note
Employers who fail to inform and consult employees about TUPE transfers face automatic liability for up to 13 weeks' pay per affected employee, even if the failure was inadvertent.
Award breakdown
Legal authorities cited
Statutes
Case details
- Case number
- 1406344/2023
- Decision date
- 16 August 2024
- Hearing type
- default judgment
- Hearing days
- 1
- Classification
- default
Respondent
- Sector
- other
- Represented
- No
Employment details
Claimant representation
- Represented
- No