Mr C Isidore v ABM Aviation UK Limited — 2024

The respondent applied to strike out Mr C Isidore's claim on the basis that, after his employment transferred to a third party under TUPE on 30 November 2022, any claims he had for outstanding holiday pay, unpaid wages or disability discrimination had transferred with him and therefore had no reasonable prospect of success against ABM Aviation UK Limited. The respondent also relied on the claimant's failure to comply with Tribunal orders, failure to actively pursue the claim, scandalous and unreasonable conduct, and the contention that a fair hearing was no longer possible.

The Tribunal noted that the claimant had maintained in written and oral representations that he had not transferred under TUPE, but he had admitted entering a COT3 settlement in proceedings against the transferee. The Employment Judge also observed that the claim form in those proceedings stated that he did TUPE-transfer into the transferee's employment on 1 December 2022, and the transferee agreed that he had transferred on that date. In light of those facts, the Tribunal concluded that the claimant had no reasonable prospect of succeeding with his claim against the respondent.

The Tribunal also found that the manner in which the claimant had conducted the proceedings was scandalous and vexatious. The claim was therefore struck out under Rule 37(1)(a) and Rule 37(1)(b) of the Employment Tribunals Rules of Procedure 2013. The hearing listed for 14 to 16 May 2025 was vacated.