Case 2406159/2020 · Employment Tribunal
United Forecourt Limited v Mr H Halwani PRELIMINARY HEARING — 2021
- Case reference
- 2406159/2020
- Decision date
- 8 January 2021
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Batten REPRESENTATION
- Venue
- Manchester
Parties
2 namedClaimant
United Forecourt Limited
Respondent
Key findings
Tribunal's reasoningThis was a preliminary hearing before Employment Judge Batten in Manchester on 11 December 2020. The claim was by United Forecourt Limited against Mr H Halwani and concerned a complaint about failure to provide employee liability information under regulation 11 of the Transfer of Undertakings (Protection of Employment) Regulations 2006.
The tribunal was satisfied that it was not reasonably practicable to present the claim before the end of the three-month period beginning with the date of the relevant transfer. It was also satisfied that the claim was presented within such further period as the tribunal considered reasonable.
On that basis, the tribunal ruled that the claim could proceed. By consent, it was linked to case number 2403564/2020. The tribunal also directed that the claim be listed for hearing at least one month after the final hearing in that linked case and cancelled the final hearing listed for 8 January 2021.
No substantive merits decision or monetary award was made in this judgment.
Claims and outcomes
1 finding recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Transfer of undertakings (TUPE) | Preliminary hearing only. The tribunal found the claim under regulation 11 of the Transfer of Undertakings (Protection of Employment) Regulations 2006 was presented out of time only if the statutory extension test was not met; it held the claim was presented when it was not reasonably practicable to bring it within 3 months and within a further reasonable period, so the claim was allowed to proceed rather than being decided on the merits. | Other | — | — |
Legal tests applied
3 references- regulation 11 of the Transfer of Undertakings (Protection of Employment) Regulations 2006
- not reasonably practicable
- such further period as the Tribunal considers reasonable
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
Case essentials (reference, date, judge, venue, country, claim categories) are extracted from the structured metadata gov.uk publishes alongside each decision. Parties and monetary figures are extracted from the judgment PDF text. Key findings and per-claim outcomes require a second extraction pass that is not yet complete for this case — until then, the primary source linked above is the authoritative record. See full methodology.
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