Claimant v Canute UK Ltd (in Administration) and others — 2019

Employment Judge Ainscough sat alone to determine a preliminary TUPE issue in linked claims arising from Tetrosyl's decision to split its logistics work between George Walker, Bibby Distribution and James Nuttall. The judgment determined which claimants transferred on the change of contractor; it did not decide the underlying unfair dismissal, deductions from pay, holiday pay, notice pay, redundancy payment or protective award claims.

The tribunal found a relevant transfer under regulation 3(1)(b)(ii) and regulation 3(3) of TUPE 2006 for the inter-site shunting activity from Canute UK/Canute Distribution to George Walker. It held that Mr Draper, Mr Martin and Mr Lockley were the employees assigned to that organised grouping, and that the activity carried on by George Walker was fundamentally the same as the activity carried on before the split.

By contrast, the tribunal found no relevant transfer of yard shunting, night trunking, class 1 day/night delivery, class 1 day delivery, class 2 delivery, or administrative/office work. It held that no organised grouping with the principal purpose of those activities existed immediately before the change, so the remaining claimants stayed with Canute Distribution/Almtone rather than transferring to George Walker, Bibby Distribution, James Nuttall or Tetrosyl.

Mr Hill's separate case was struck out under Rule 47 because he did not attend and had not instructed any representative. The judgment says that claim was also dismissed.