Case 2300907/2023 · Employment Tribunal
Ms Z Kirby v Beats Learning Limited and 1 other — 2023
- Case reference
- 2300907/2023
- Decision date
- 17 October 2023
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Emery REPRESENTATION
Parties
3 namedClaimant
Ms Z Kirby
Respondents
Key findings
Tribunal's reasoningThe claimant was employed as Headteacher at the respondents' school sites and was suspended on 22 August 2022 following allegations of sexual harassment and other misconduct. On 6 September 2022 she was told by phone and letter that her employment would transfer to In Toto Ed Limited on 1 October 2022 on the same terms. The tribunal found that she did not object to the transfer, that she believed it would happen automatically, and that she was not invited into any meaningful consultation process.
The tribunal rejected the second respondent's case that the claimant must have objected because she did not arrange a consultation meeting or respond to the proposed dates. It found that no clear objection had been communicated under Regulation 4(7) TUPE 2006 and declared that the claimant transferred to the second respondent on 1 October 2022. It also found that the respondents failed to comply with the duty to inform and consult under Regulations 13 and 15 TUPE 2006, and relied on Todd v Strain for the proposition that liability under Regulation 15 is joint and several between transferor and transferee.
On wages, the judge recorded a finding that the claimant had not been paid from 1 November 2022 and also said in paragraph 32 that she received no salary from 1 December 2022 onwards. The reasons note concern about the provenance of payslips said to show payment, but the written judgment does not give a money award for the wages issue and says it will be dealt with in a separate Order. No remedy figure is recorded in this judgment.
Claims and outcomes
3 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Transfer of undertakings (TUPE) | The tribunal declared that the claimant transferred from Beats Learning Limited to In Toto Ed Limited on 1 October 2022 under Regulation 4 TUPE 2006. It rejected the respondents' case that she had objected to the transfer and found she did not communicate any objection under Regulation 4(7). | Upheld | — | — |
| Transfer of undertakings (TUPE) | The tribunal found a failure by both respondents to inform and consult the claimant contrary to Regulations 13 and 15 TUPE 2006. It held that the claimant had been excluded from the consultation process and that the transferor and transferee were jointly and severally liable under Regulation 15. | Upheld | — | — |
| Unlawful deduction from wages | The reasons record a finding that the claimant had not been paid from 1 November 2022, and earlier at paragraph 32 the judge said she received no salary from 1 December 2022 onwards. The written reasons do not set out a monetary award for this issue and say it would be addressed in a separate Order. | Upheld | — | — |
Legal tests applied
4 references- Regulation 4 TUPE 2006
- Regulation 4(7) TUPE 2006
- Regulations 13 and 15 TUPE 2006
- Todd v Strain [2011] EAT IRLR 11
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.
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