1. Mr P Addyman-Yates 2. Mr P Baranowski 3. Mr J Gunnee 4. Mr P Atkinson 5. Mr D Goulder 6. Mr D Wayman 7. Mr G Tamas 8. Mr T Hibbitt 9. Mr D Moar 10. Mr J Robinson v Rock and Bone Ltd (in voluntary liquidation) and 4 others — 2019

The tribunal found that all Claimants were expressly dismissed by the First Respondent with effect from 21 February 2019 and that the reason for dismissal was redundancy. The First Respondent's requirement for employees to do the work the Claimants had been doing had ceased, and there was no evidence to rebut the statutory presumption of redundancy.

The central disputed issue was whether there had been a relevant TUPE transfer to LaRock Ltd, LaRock Construction Ltd or Mr Lawrence. The tribunal found that the Fourth Respondent played no part in events and that none of the Claimants was personally employed by Mr Lawrence, so the only possible transfer was to the Third Respondent. Applying the principles in Cheesman v R Brewer Contracts Ltd, it concluded that the First Respondent's economic entity had ceased to exist and that the new operation was fundamentally different.

The tribunal noted factors pointing towards a transfer, including the employment of a substantial proportion of the former workforce by another of Mr Lawrence's companies and use of part of the same premises. However, it found that the work, premises, assets, customers and business activity were materially different: the specialist machinery and customers did not transfer, and the former high-end bespoke residential furniture operation did not continue or resume. Accordingly, there was no relevant transfer, the claims against the Third to Fifth Respondents were dismissed, and the claims for redundancy payments, unauthorised deductions, holiday pay and notice pay succeeded in principle against the First and/or Second Respondents, with amounts still to be determined.