Case 1404970/2023 · Employment Tribunal
The claimant Mr Sladovich in person For the respondents First v Respondent — 2024
- Case reference
- 1404970/2023
- Decision date
- 24 September 2024
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Hogarth Appearances
Parties
1 namedClaimant
The claimant Mr Sladovich in person For the respondents First
Respondent
- —
Key findings
Tribunal's reasoningThe claimant brought complaints including whistleblowing detriment, breach of contract, unlawful deductions from wages, and accrued but unpaid holiday pay against both respondents. The tribunal found that the pleaded claims against the first respondent all related to events before the claimant's employment transferred to the second respondent under TUPE on 30 June 2023. It held that any liability for those matters transferred to the second respondent, and the first respondent was removed as a party.
The claimant also sought to amend his whistleblowing detriment claim against the first respondent to add an alleged detriment based on the first respondent taking on and rejecting his grievance appeal after the TUPE transfer. The tribunal refused the amendment, taking account of the time limit position, the balance of hardship, the limited value of the proposed amendment to the existing claims, and the tribunal's view that the appeal decision itself could not put the claimant at a disadvantage because the first respondent was no longer his employer and could not bind the second respondent.
Claims and outcomes
4 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Whistleblowing | The tribunal refused the claimant's application to amend his whistleblowing detriment claim against the first respondent to add an alleged detriment concerning the first respondent's handling of an appeal. Existing whistleblowing claims against the first respondent were held bound to fail because liability for pre-transfer acts transferred to the second respondent under TUPE; the judgment does not finally determine the whistleblowing claims against the second respondent. | Other | — | — |
| Breach of contract | The breach of contract claim against the first respondent was held bound to fail because any liability for pre-transfer acts transferred to the second respondent under TUPE. The first respondent was removed as a party; the judgment does not finally determine the claim against the second respondent. | Other | — | — |
| Unlawful deduction from wages | The unlawful deductions from wages claim against the first respondent was held bound to fail because any liability for pre-transfer acts transferred to the second respondent under TUPE. The first respondent was removed as a party; the judgment does not finally determine the claim against the second respondent. | Other | — | — |
| Holiday pay | The accrued but unpaid holiday pay claim against the first respondent was held bound to fail because any liability for pre-transfer acts transferred to the second respondent under TUPE. The first respondent was removed as a party; the judgment does not finally determine the claim against the second respondent. | Other | — | — |
Legal tests applied
5 references- rule 34 Employment Tribunal Rules
- rule 37(1)(a) Employment Tribunal Rules
- regulation 4 TUPE regulations
- section 49B Employment Rights Act 1996
- Selkent Bus Co Ltd v Moore [1996] ICR 836
Official outcome judgment PDF
Gov.uk primary recordThe official judgment PDF on gov.uk contains the tribunal's outcome, reasoning, and any remedy details. Where this page does not yet show extracted outcomes for every claim, use the PDF as the authoritative source.
Published on gov.uk under the Open Government Licence v3.0.
How we got this data
Case essentials (reference, date, judge, venue, country, claim categories) are extracted from the structured metadata gov.uk publishes alongside each decision. Parties and monetary figures are extracted from the judgment PDF text. Key findings and per-claim outcomes require a second extraction pass that is not yet complete for this case — until then, the primary source linked above is the authoritative record. See full methodology.
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