Case 1801666/2023 · Employment Tribunal
**Mr P Thompson** Mr G Watts GMB Union Mr C Ingham Mr A Dargue Mr A Booth Unite the Union v Moran Logistics Limited Romac Logistics Limited HELD AT: Leeds — 2024
- Case reference
- 1801666/2023
- Decision date
- 29 February 2024
- Jurisdiction
- England & Wales
- Judge
- Employment Judge JM Wade
Parties
2 namedClaimant
**Mr P Thompson** Mr G Watts GMB Union Mr C Ingham Mr A Dargue Mr A Booth Unite the Union
Key findings
Tribunal's reasoningThe hearing was a public preliminary hearing before Employment Judge JM Wade on 26 to 29 February 2024. The tribunal held that there was a service provision change within Regulation 3(1)(b)(ii) of TUPE 2006 on or around midnight on Friday 25 February 2023. It found that, immediately before that service provision change, there was an organised grouping of Moran employees with the principal purpose of carrying out activities for the client.
The tribunal further held that Mr Thompson, Mr Watts, Mr Ingham, Mr Dargue and Mr Booth were assigned to that grouping and therefore transferred to the second respondent by operation of law under Regulation 4(1). It also allowed Mr Thompson's application to amend his claim to add a Regulation 15 complaint of failure to inform and consult under Regulations 13 and 14, including the further particulars provided on 10 July 2023. The judgment did not record any monetary award.
Claims and outcomes
1 finding recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Transfer of undertakings (TUPE) | The tribunal found that there was a service provision change under Regulation 3(1)(b)(ii) of TUPE 2006 on or around midnight on 25 February 2023, that there was an organised grouping of Moran employees with the principal purpose of carrying out activities for the client, and that Mr Thompson, Mr Watts, Mr Ingham, Mr Dargue and Mr Booth were assigned to that grouping and transferred by operation of law under Regulation 4(1). The tribunal also permitted Mr Thompson's amendment to add a Regulation 15 failure-to-inform-and-consult complaint, including further particulars provided on 10 July 2023. | Upheld | — | — |
Legal tests applied
3 references- Regulation 3(1)(b)(ii) TUPE 2006
- Regulation 4(1) TUPE 2006
- Regulations 13, 14 and 15 TUPE 2006
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
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