Mr Harris of Counsel For the First v Mr O’Sullivan, Solicitor For the Second Respondent: Mr Chaloner, Commercial Manager — 2024

Mrs Irene Rockliffe was employed by South Gloucestershire Council as a cleaner at Brimsham Green Secondary School from 3 September 2001 until 31 July 2023. When the Council withdrew from providing cleaning services to the School, the cleaning contract was awarded to Direct Cleaning Services SW Ltd (DCS) with effect from 1 August 2023, and TUPE applied to the transfer. The claimant brought claims for unfair constructive dismissal (including automatically unfair dismissal under TUPE Regulation 7), breach of contract in respect of notice pay, unlawful deduction from wages, and holiday pay.

The tribunal, Employment Judge N J Roper sitting alone, found that the claimant resigned her employment with effect from 31 July 2023. While the Measures Letter from DCS and a client disclosure Check List indicating a potential £55 DRB fee linked to a three-month probationary period were potentially detrimental changes, the tribunal found that none of these changes were imposed. The Council had repeatedly reassured the claimant that her existing terms would be preserved on transfer, that the £55 fee and probationary period would not apply to existing employees, and that the Measures Letter was optional. The tribunal concluded there was no fundamental breach of the implied term of trust and confidence and therefore no constructive dismissal. Applying TUPE Regulation 4(7) and 4(8), the claimant's objection to transfer terminated her contract without her being treated as dismissed; Regulation 4(9) did not apply as there was no substantial change in working conditions to her material detriment.

The claims for unfair dismissal (both under Regulation 7 and under sections 95(1)(c) and 98(4) ERA 1996) and for breach of contract in respect of notice pay were dismissed as not well-founded. The wages and holiday pay claims had been settled between the parties and were adjourned, to stand dismissed on withdrawal if not re-listed by 30 August 2024.