Mr Brian Kane v Crosslend Gmbh (HRB 160 198 B) and 2 others — 2024

At a hearing on 22 January 2024 before Employment Judge Fowell (sitting alone, by video at Croydon), the Tribunal recorded that the respondents had conceded territorial jurisdiction, the claimant having been employed in the United Kingdom throughout. The Tribunal therefore had jurisdiction to hear all the claims under the Employment Rights Act 1996 and for breach of contract, including any transfer of undertakings in the United Kingdom.

By agreement of the parties, the claims were dismissed against several entities that neither side contended had been the employer at the time of dismissal, leaving Crosslend Gmbh (HRB 160 198 B), The Thing Gmbh (HRB 247 293 B) and Crosslend Investment Advisory Gmbh (HRB 239925) as the first, second and third respondents respectively. The claimant's case was that he was employed by the first respondent; the respondents' case was that employment had transferred to the third respondent (now in liquidation) before dismissal, with a further potential transfer to the second respondent.

The respondents relied on redundancy as the reason for dismissal and accepted liability to make a statutory redundancy payment in the agreed sum of £3,426. The remaining respondents were ordered to be jointly and severally liable to pay that sum. The remaining claims were listed to proceed to a hearing on 22 July 2024.