(1) Mr A Sposito (2) Mr P Almey (3) Mr S Langley (4) Mr D Palmer (5) Unite the Union v Walon Limited t/a BCA Automotive and 1 other — 2023

The Tribunal found that there was no TUPE transfer from the First Respondent to the Second Respondent. The individual Claimants' claims against the Second Respondent for unfair dismissal, holiday pay and notice pay were therefore dismissed, as was the Fifth Claimant's Regulation 13 TUPE consultation complaint against the Second Respondent.

The Tribunal accepted that there was a redundancy situation within section 139 ERA, but found that the First Respondent did not act reasonably in dismissing the individual Claimants. Consultation had focused on the First Respondent's belief that TUPE applied, rather than avoiding redundancy, selection, pooling, or alternative employment. The unfair dismissal, redundancy payment, holiday pay and notice pay claims against the First Respondent were therefore upheld.

The Tribunal made no Polkey reduction. It found that the First Respondent had not adduced evidence from which a sensible prediction could be made about whether the Claimants would have been fairly dismissed in any event. The amounts payable were left to a remedy hearing.