Mr Korn (Counsel) For the v Mr Henry (professional representative) — 2024

The tribunal found a relevant transfer on 1 August 2022 when Lawsons took the BBS branded haulage work in house. It accepted that the claimant spent most of his time on that work, around 90% or more, and that he was intentionally organised to carry it out as and when required, so the conditions in regulation 3(1)(b)(iii) and regulation 3(3)(a)(i) of TUPE 2006 were satisfied. Because of that finding, the tribunal did not need to determine the section 95 ERA 1996 dismissal questions, and the claims for unfair dismissal, constructive dismissal, wrongful dismissal, redundancy payment and deduction-related relief failed.

The tribunal rejected the claimant's case that there was no organised grouping or that he was not principally assigned to BBS work. It found that the respondent told the claimant on 31 May 2022 that Lawsons might take the service in house, that the TUPE issue was raised with Lawsons on 21 July 2022, and that by 28 July 2022 Lawsons had agreed to TUPE over the drivers. The claimant was told at the 29 July meeting and in the letter handed over the same day that his employment would transfer on 1 August 2022 on the same terms, and the tribunal found no resignation communicated to the respondent and no express objection to transfer.

The only well-founded complaint was failure to inform and consult under TUPE. The tribunal found that although the claimant was invited to put himself forward as an employee representative, no election was arranged, no measures were proposed, and there was no reason the transfer could not have been delayed to allow consultation about the change of vehicle and starting location. Applying regulations 15 and 16 of TUPE 2006 and referring to Sweetin v Coral Racing, it awarded three weeks' pay at £648.17 a week, totalling £1,944.51.