Claimant v JD Fitness Group Limited

Although Mr Bozzoni of the Second Respondent dismissed the claimant on 28 September 2022 due to the impending transfer, this dismissal was superseded by the First Respondent's email of 24 October 2022 confirming continuity of employment. The actual dismissal on 7 November 2022 by the First Respondent was for conduct, not the transfer itself.

The dismissal on 7 November 2022 was for a potentially fair reason (conduct), but there was no investigation, no evidence of misconduct beyond bare assertions, and the First Respondent failed to follow any fair procedure as required by the ACAS Code. The dismissal was not within the band of reasonable responses and therefore unfair.

The claimant was entitled to seven weeks' notice but was dismissed with immediate effect. There was no good reason to justify not paying notice pay, so the breach of contract claim succeeded.

The claimant had not taken his full holiday entitlement by the date of dismissal and the respondent had no good reason to refuse payment for untaken leave. He was entitled to payment for 7 days' accrued but untaken holiday.

The claimant was paid his usual salary until 8 October 2022 but was not paid for work done from 9 October to 7 November 2022 (26 days). There was no good reason to justify not paying him for this work.

The First Respondent failed to comply with regulation 13 TUPE. Not all required details were consulted upon, the timeframe was inadequate (consultation began only two days before the transfer on 14 October 2022), and no opportunity was provided for employee representatives to be elected. The breach was serious.