Ms L Sheppard Mr R Locke Mr P Worman Mr G Yarwood v Whiting and Hammond Ltd (In liquidation) and 1 other — 2023

At this open preliminary hearing, the tribunal held that the claims against WH Pubs Ltd could not proceed because the principal claim had not been presented with the support of an early conciliation certificate against that respondent. Ms Sheppard had an EC certificate naming the first respondent, and although she later obtained a certificate naming the second respondent and asked for it to be added, the tribunal held that this did not satisfy the statutory early conciliation requirements for the other claimants or for a valid claim against the second respondent.

The tribunal also considered the TUPE issue because it bore on the practical effect of the jurisdiction point. It found that Whiting and Hammond Ltd operated multiple pubs and a head office, and that after the Covid-19 closures some sites transferred into separate new companies, but there was no transfer of any economic entity to WH Pubs Ltd. The second respondent did not employ anyone or take part in running the sites, although it handled payroll.

On the facts found, Mr Locke and Mr Yarwood had only worked temporarily at other pubs and would have returned to their home pubs if those sites had reopened, so they were not assigned to the transferring businesses. Ms Sheppard and Mr Worman worked across head office and supported the wider business, but their work did not transfer to WH Pubs Ltd and they were not assigned to that respondent. The tribunal therefore held that regulation 3 TUPE did not apply to transfer their employment to WH Pubs Ltd, and the claims against that respondent were dismissed. The claims against the first respondent were left to continue and a case management hearing was to be listed.