Case 2304594/2023 · Employment Tribunal
Mr A Ahmed v SVL Healthcare Services Limited (In Administration) — 2024
- Case reference
- 2304594/2023
- Decision date
- 24 April 2024
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Hallen- Sitting
Parties
2 namedClaimant
Mr A Ahmed
Key findings
Tribunal's reasoningThe claimant transferred to the respondent under TUPE on 1 May 2023. The respondent required ambulance controllers to move from Stratford to its Greenhithe head office, which was more than 10 miles from the claimant's contractual base. The tribunal accepted that the respondent had operational reasons for centralising the function and that this meant the automatic unfair dismissal claim under TUPE was not made out.
The tribunal found that the respondent failed adequately to address the claimant's concerns raised in his grievance and failed to pay him from 1 May to 27 July 2023 while he remained available to work from home or remotely. It held that this failure to pay amounted to a breach of contract and a breach of the implied term of trust and confidence, and that the claimant did not wait too long before resigning.
The unfair constructive dismissal claim and the unlawful deduction from wages claim therefore succeeded. Holiday pay and notice pay were withdrawn and dismissed upon withdrawal. Remedy was reserved to a hearing listed for 24 July 2024, with the tribunal indicating that compensation would be limited by its finding about likely fair dismissal for unauthorised absence around 7 September 2023.
Claims and outcomes
5 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Constructive dismissal | The tribunal described the claim as unfair constructive dismissal and found it succeeded. Remedy was reserved to a later hearing. | Upheld | — | — |
| Unlawful deduction from wages | The tribunal found the claimant was entitled to arrears of wages from 1 May to 27 July 2023, but did not state a quantified award in this liability judgment. | Upheld | — | — |
| Transfer of undertakings (TUPE) | The tribunal dismissed the claim for automatic unfair dismissal connected to a transfer of undertaking, finding an economic, technical or organisational reason for the location change. | Dismissed | — | — |
| Holiday pay | The holiday pay claim was dismissed upon withdrawal at the hearing. | Withdrawn | — | — |
| Wrongful dismissal | The notice pay claim was dismissed upon withdrawal at the hearing. | Withdrawn | — | — |
Legal tests applied
6 references- Regulation 7(1) TUPE
- Regulation 7(3)(A) TUPE
- section 13 ERA
- implied term of trust and confidence
- last straw
- economic, technical or organisational reason
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
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