Case 2200562/2022 · Employment Tribunal
Mr D Bailey v ISS Facility Services Limited and 3 others — 2017
- Case reference
- 2200562/2022
- Decision date
- 8 June 2017
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Leonard-Johnston Representation
Parties
5 namedClaimant
Mr D Bailey
Key findings
Tribunal's reasoningThe claim filed on 9 February 2022 sought arrears of pay and employer pension contributions. The claimant said the respondents had not complied with TUPE in transfers of his employment contract, including by paying a 4% rather than 14% employer pension contribution and offering 48 rather than 60 hours per week.
The tribunal considered an earlier 2016 claim in which the claimant had raised materially the same disputes about pension contributions and working hours. It found that the present claim was not materially different from the 2016 claim, despite the claimant's attempt at the hearing to frame it as a claim for a declaration that his contract was void under TUPE.
The tribunal held that the res judicata principle, in particular cause of action estoppel, prevented it from hearing the claim. It also found that the claimant had been on notice since the earlier proceedings that relitigating these matters was not permitted. The claim was dismissed for lack of jurisdiction.
Claims and outcomes
3 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Unlawful deduction from wages | The claim sought arrears of pay and employer pension contributions. The tribunal dismissed it for lack of jurisdiction under res judicata/cause of action estoppel rather than determining the substantive merits. | Dismissed | — | — |
| Breach of contract | The claimant asserted entitlement to 60 hours per week and alleged breach of contract in being offered 48 hours. The tribunal dismissed the claim for lack of jurisdiction under res judicata/cause of action estoppel. | Dismissed | — | — |
| Transfer of undertakings (TUPE) | The claimant framed the dispute as non-compliance with TUPE in transfers of his employment contract. The tribunal found the current claim materially the same as earlier proceedings and dismissed it for lack of jurisdiction. | Dismissed | — | — |
Legal tests applied
5 references- res judicata
- cause of action estoppel
- Henderson v Henderson
- Virgin Atlantic Airways Ltd v Zodia Seats UK Ltd
- British Association for Shooting and Conservation v Cokayne
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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