Mr S Hewitt v First Group — 2021

Mr Williamson and Mr Hewitt were dismissed by The Catering Design House Limited on 1 July 2020. Their claims against the First Respondent were withdrawn and dismissed on withdrawal, and Mr Hewitt's unlawful deduction from wages claim was also withdrawn. The tribunal heard evidence about CDH's work on projects for Kier Construction, Balfour Beatty and Interserve, and about the steps taken by the Airedale Group in early July 2020 when CDH was being considered for liquidation.

On insolvency, the tribunal held that reg 8(7) TUPE did not apply on 1 July 2020 because the CVL only commenced when the members passed the winding-up resolution on 22 July 2020. It found that CDH's activities were designing, bidding for and managing kitchen installation work, and that those activities continued after 1 July 2020 through staff employed by the Second Respondent on the Manchester University, Wootton Park and Putteridge High projects. The tribunal rejected the case that the post-1 July activities were fundamentally different or limited to a single short-term task, and held that there had been a service provision change and a failure to inform and consult under reg 13 TUPE.

On dismissal, the tribunal rejected the Second Respondent's redundancy and Polkey arguments. It found no evidence of an ETO reason entailing a change in the workforce and no redundancy selection exercise, so both unfair dismissal claims were upheld. The tribunal also upheld both notice-pay claims, noting the contractual six-month notice periods and that each claimant had already received £2,326.80 from the Redundancy Payment Service. Mr Williamson's unpaid expenses claim for May and June 2020 was separately upheld in the sum of £1,216.71, and the remaining remedies were left for a later remedy hearing.