Case 2201708/2022 · Employment Tribunal
Mr D Bailey v ISS Facility Services Limited and 3 others — 2022
- Case reference
- 2201708/2022
- Decision date
- 19 May 2022
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Isaacson Representation
Parties
5 namedClaimant
Mr D Bailey
Key findings
Tribunal's reasoningThe claimant alleged that his original employment contract entitled him to 60 hours' work per week and 14% employer pension contributions, and that these rights had continued through several TUPE transfers. The Tribunal found that any liability under the claimant's contract had transferred to the fourth respondent following a TUPE transfer on 1 November 2021, so it had no jurisdiction to hear claims against the first, second and third respondents.
The Tribunal found that the claims about hours of work and employer pension contributions were materially the same as claims previously decided in 2016/2017 and earlier in 2022. Applying res judicata principles, including cause of action estoppel, it held that the claimant could not relitigate those issues and dismissed those claims for lack of jurisdiction.
The claimant's claims about annual work shoes and dry-cleaning vouchers had not previously been claimed. Those claims were not dismissed in this judgment and were allowed to proceed to a further open preliminary hearing, where strike-out, abuse of process, costs and further case management would be considered.
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 |
|---|---|---|---|---|
| Unlawful deduction from wages | Claims for arrears of pay relating to alleged entitlement to 60 hours' work per week were dismissed for lack of jurisdiction on res judicata grounds. | Dismissed | — | — |
| Other | Claims relating to alleged entitlement to 14% employer pension contributions were dismissed for lack of jurisdiction on res judicata grounds. | Dismissed | — | — |
| Other | Claims for loss of work shoes and dry-cleaning vouchers were allowed to proceed to a further open preliminary hearing; no merits decision or remedy was determined in this judgment. | Other | — | — |
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
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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