Case 1801614/2020 · Employment Tribunal
Mr SW Fletcher v Axis Group — 2020
- Case reference
- 1801614/2020
- Decision date
- 18 May 2020
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Brain REPRESENTATION
Parties
2 namedClaimant
Mr SW Fletcher
Respondent
Key findings
Tribunal's reasoningAt a preliminary hearing in Leeds on 11 May 2020 before Employment Judge Brain, the tribunal considered claims by seven claimants against Axis Group arising from TUPE and from alleged failure to pay long service awards. The tribunal held that the TUPE claims were presented outside the time limit in the Transfer of Undertakings (Protection of Employment) Regulations 2006 in circumstances where it was reasonably practicable to have presented them in time, so it had no jurisdiction to consider them.
The tribunal also held that the unlawful deduction from wages claims brought by Messrs Fletcher, Brearley, Lamb, Davidson and Tickhill, based on non-payment of long service awards after 40 years' service in the cases of Messrs Fletcher and Brearley and 30 years' service in the cases of Messrs Lamb, Davidson and Tickhill, were presented outside the Employment Rights Act 1996 time limit in circumstances where it was reasonably practicable to have presented them in time, and that it therefore had no jurisdiction to consider those claims.
The separate unlawful deduction claims brought by Messrs Kerry and Harrap were struck out because they were premature: the tribunal found that any entitlement to a long service award after 40 years of service had not yet arisen and no right of action had yet accrued. No monetary award was made.
Claims and outcomes
3 findings recordedThis case has mixed outcomes under at least one legal claim type. A tribunal can uphold some allegations and dismiss others under the same legal head, so rows below may represent separate issues or allegation groups from the judgment.
| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Transfer of undertakings (TUPE) | All claimants. The tribunal held the TUPE claims were presented outside the time limit in the Transfer of Undertakings (Protection of Employment) Regulations 2006 in circumstances where it was reasonably practicable to present them in time, and that it therefore had no jurisdiction to consider them. | Other | — | — |
| Unlawful deduction from wages | Messrs Fletcher, Brearley, Lamb, Davidson and Tickhill. The claims concerned alleged non-payment of long service awards when due; the tribunal held they were presented outside the Employment Rights Act 1996 time limit in circumstances where it was reasonably practicable to present them in time, and that it had no jurisdiction to consider them. | Other | — | — |
| Unlawful deduction from wages | Messrs Kerry and Harrap. The tribunal struck out these claims as premature because entitlement to a long service award after 40 years of service had not yet arisen and no right of action had accrued. | Struck out | — | — |
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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