Claimant v South Gloucestershire Council

The parties agreed terms of settlement during the hearing. The tribunal adjourned these claims to allow implementation of the settlement, and ordered that if no application to re-list was made by 30 August 2024, the claims would stand dismissed on withdrawal.

The parties agreed terms of settlement during the hearing. The tribunal adjourned these claims to allow implementation of the settlement, and ordered that if no application to re-list was made by 30 August 2024, the claims would stand dismissed on withdrawal.

The tribunal found the claimant resigned on 31 July 2023 by objecting to the TUPE transfer. The Council did not impose detrimental changes to terms and conditions. The Council repeatedly reassured staff that existing terms would be protected unless they agreed to the optional measures proposed by the new employer. There was no fundamental breach of the implied term of trust and confidence, as the Council properly engaged in consultation and did not act in a manner calculated to destroy trust and confidence.

The tribunal held that under Regulation 4(7) and 4(8) of TUPE 2006, where the claimant objected to being employed by the transferee, the transfer operated to terminate her contract but she was not to be treated as dismissed by the transferor. Therefore no dismissal occurred for the purposes of Regulation 7 (automatic unfair dismissal related to TUPE transfer). The claim was dismissed.

The claimant's claim for notice pay in breach of contract was dismissed because the tribunal found the Council did not dismiss the claimant. The claimant resigned without notice by objecting to the TUPE transfer. As there was no dismissal, there was no obligation to pay notice pay.