Mrs C Sinclair v 1 Sure Healthcare (Group) Limited 2 City and County Healthcare Group Limited 3 London Care Limited — 2020

Mrs Sinclair worked for London Care on the Borough of Poole Extra Care contract at Belmont Court, Delphis Court and Trinidad Village. The tribunal found that the contract moved to Sure on 8 February 2018, that there was a service provision change under TUPE, and that Mrs Sinclair was assigned to the organised grouping of employees carrying out the relevant activities. It therefore concluded that she should have transferred to Sure, and it dismissed the second respondent from the proceedings by agreement.

The tribunal also found a breach of the duty to inform and consult under reg 13 TUPE 2006. Sure had decided by 5 January 2018 that Mrs Sinclair would not transfer, but that position was not communicated to her until 16 January 2018. Given the short period between the first meeting with staff and the transfer date, the tribunal held that the delay significantly prejudiced her ability to take advice and consider her position. It made a protective award of four weeks' pay, quantified at £1,762.76.

Sure conceded that Mrs Sinclair had been unfairly dismissed and that she was entitled to holiday accrued and untaken. The tribunal therefore made a basic award of £13,692 and a compensatory award of £28,500 for unfair dismissal, with the Recoupment Regulations applying and the prescribed element identified as £28,500. It also awarded £308.49 for holiday pay.

The tribunal rejected Mrs Sinclair's claim for an enhanced redundancy payment. It held that although she had signed a contract in 2008 containing a severance term, the April 2015 contract expressly superseded earlier agreements and did not preserve that entitlement. The total monetary awards recorded in the judgment were £1,762.76, £13,692, £28,500 and £308.49.