Claimant v Croome International Transport Ltd — 2025

John Curry and Krzysztof Justynski were found to have been employees of Croome International Transport Ltd rather than workers. Applying the Ready Mixed Concrete multiple test and the surrounding authorities on employment status, the tribunal relied on the written contracts, personal service, control, integration into the respondent's business, PAYE deductions, pension membership and paid holiday entitlement. It held that occasional refusals of work, and the fact that work was only offered when available, did not displace the employee relationship.

The tribunal found that there had been a relevant TUPE transfer to Alcaline UK Ltd. It held that the respondent's haulage operation was a stable, organised economic entity made up of the vehicles, drivers and customers, and that the correspondence showed an intention for the vehicles and drivers to transfer together. The claimants did not object to the transfer and did not resign. The later dispute by Alcaline about whether there had been a TUPE transfer did not alter the tribunal's finding on what had occurred in the transaction.

Because the claimants were found to have transferred under TUPE, the tribunal concluded that they were not dismissed or made redundant by the respondent. The complaints of unfair dismissal, non-payment of redundancy pay and non-payment of notice pay were therefore not well-founded and were dismissed. The judgment records that the respondent's liabilities passed to Alcaline UK Ltd.