1. Mr G Rawlinson 2. Mr T Rogers 3. Mr S Batey 4. Mr J McClung v Hopefield Fab Limited (in Creditor’s Voluntary Liquidation) and 2 others — 2024

The claimants claimed redundancy payments, saying their employment with the first respondent ended on 23 May 2022 when the first respondent entered insolvency proceedings. The third respondent conceded that the applications had been made within six months for the purposes of section 164 of the Employment Rights Act 1996, so the strike out application was refused.

The tribunal found that there was a stable economic entity which retained its identity when work moved from the first respondent to the second respondent. It relied on matters including the same or similar jobs, same customers, machinery, address, phone number, administration, and operational management, and found that any one-day interruption was not significant.

The tribunal concluded that there was a relevant transfer on 23 May 2022, so the claimants were not made redundant and were not entitled to redundancy pay. It also found that the first respondent entered insolvency proceedings on 7 July 2022, after the relevant transfer, so the claimants were not entitled to any other payments from the third respondent.