Mr G Lewis v Dow Silicones UK Limited — 2019

The claimant worked at the CHP plant in Barry from 1999 and was due to transfer to Dow Silicones UK Limited on 1 March 2018 under TUPE. The tribunal found that the respondent had carried out consultation meetings in January and February 2018, that the claimant resisted the proposed Dow terms, and that he did not sign a new contract before the transfer. He remained employed after 1 March 2018 only briefly and resigned in writing on 5 March 2018 after the final meeting.

On the constructive dismissal complaints, the tribunal rejected the claimant’s case that he had been threatened with dismissal or placed under undue pressure to sign the new contract. It found that the respondent had incomplete and in some respects incorrect information from Engie about the claimant’s existing terms, but that this did not amount to a repudiatory breach. The tribunal held that the proposed standby, call-out and primary cover arrangements were within the respondent’s contractual powers under the company grade agreement, that the claimant was not being required to work overtime beyond hours already paid for, and that the change to a structured primary cover rota was not a substantial change in working conditions to his material detriment.

The tribunal also held that the Safe Work Permit duties were not a fundamental extension of the claimant’s role, that training had begun before the transfer, and that the change of job title to Senior Technician was only to fit the respondent’s internal job catalogue. It found no breach of trust and confidence, either individually or cumulatively, and no basis for unfair dismissal under TUPE or the Employment Rights Act 1996. The tribunal further found that the claimant’s complaints about safety, overtime, holiday, sick pay, showering time and the site vehicle did not establish a repudiatory breach or material detriment. All complaints were dismissed.