In person For the First v Mr J Small, Director For the Second Respondent: Mr Bradley — 2025

This was an open preliminary hearing before Employment Judge Siddall to decide whether there had been a relevant transfer under the TUPE Regulations 2006 between Aspire Bifolds Ltd (in voluntary liquidation) and Chigwell Window Centre Limited. The claimant, Mr John Taylor, had been employed by Aspire as operations manager from 11 November 2018 until being told on 15 December 2023 that he was being made redundant. Aspire ceased trading around 15 December 2023, assigned the lease of its Epsom shop to Chigwell on 17 January 2024, and Chigwell reopened from those premises on 20 January 2024.

Applying a holistic approach drawn from Spijkers and the guidance in Cheesman v R Brewers Contracts Ltd, the tribunal found that Chigwell took over the order book of Aspire and fulfilled outstanding orders (around £70K of work), acquired the lease and paid about £3,000 in outstanding rent to the landlord, took over a small amount of stock in the form of display windows, and that most of the staff who had worked for Aspire (including Mr Small, the installation team and the service engineer) continued working at the same shop for Chigwell. The tribunal concluded that the organised grouping of resources had retained its identity to a very high degree and that there was a relevant transfer under regulation 3 of the TUPE Regulations 2006.

The unfair dismissal claim itself was not determined at this hearing. The tribunal noted that a further decision would be needed as to whether Mr Taylor was dismissed because of the relevant transfer or otherwise unfairly, and observed that there was no evidence of any consultation having taken place prior to transfer. The case will be relisted for a further one-day hearing if the parties cannot resolve matters between themselves. Mr Taylor had already been paid his redundancy money and arrears of pay by the National Insurance Fund following Aspire's voluntary liquidation on 26 September 2024.