Gurwinder Singh Padda v Hamble Foods Ltd and 3 others — 2024

This was a preliminary hearing on whether Gurwinder Singh Padda was an employee throughout the relevant period, whether he had the continuity of service needed to bring an unfair dismissal claim, and whether there had been a TUPE transfer between Eastleigh, Admas and Hamble. The respondents accepted at the start of the hearing that the claimant remained an employee, but disputed continuity and the transfer history. The tribunal considered the reality of the position by reference to Autoclenz, Regulation 3(1)(b) of TUPE, sections 218 and 231 of the ERA 1996, and the statutory presumption of continuity in section 210(5).

The tribunal found that the claimant continued to do the same area or operations manager role throughout the period in question. It preferred his evidence to Mr Khattar's on key points, including the absence of any resignation documents, job adverts or interview records, the absence of any explanation from Mr Hussain, and the inconsistency of the documentary record. The WhatsApp messages were treated as consistent with an operational role, not consultancy work, and the tribunal found the Admas payslips and P45 evidence did not show a genuine change of employer. On the tribunal's findings, the Admas arrangement was a temporary payroll arrangement linked to cashflow difficulties during the pandemic.

The tribunal concluded that the claimant remained employed by Eastleigh until he was transferred with other employees to Hamble around February or March 2021. If that conclusion was wrong, the tribunal said there would in any event have been a transfer from Eastleigh to Admas and then from Admas to Hamble. The claimant therefore had two years' continuous service, and the only respondent for the proceedings should be Hamble Foods Ltd. The tribunal said it did not have jurisdiction to hear the claims against MKD Holdings Ltd, PJ Eastleigh Ltd or Admas Services Ltd, but it did have jurisdiction to hear the claim against Hamble Foods Ltd. No remedy was determined at this stage.