Case 2415259/2018 · Employment Tribunal
Mr D. Barnes Mr M. D. Boutcher Mrs L.J Boutcher Mr. A. Doherty Mr. G. M. McDonald v Thorn 3PL Services Ltd. — 2019
- Case reference
- 2415259/2018
- Decision date
- 20 August 2019
- Jurisdiction
- England & Wales
- Judge
- Employment Judge T. Vincent Ryan
Parties
2 namedClaimant
Mr D. Barnes Mr M. D. Boutcher Mrs L.J Boutcher Mr. A. Doherty Mr. G. M. McDonald
Respondent
Key findings
Tribunal's reasoningThe tribunal first dealt with time limits. It held that Mr Barnes's redundancy payment claim was presented in time. It also held that all other claims brought by the claimants were presented out of time, but that it was not reasonably practicable for them to have been presented in time and that they were presented within a reasonable time thereafter.
On the substance, the tribunal found that there was no transfer of undertaking within Regulation 3 of the Transfer of Undertakings (Protection of Employment) Regulations 2006 from MAM Logistics Ltd to Thorn 3PL Services Ltd in March 2018 or afterwards, MAM having ceased trading on 16 March 2018. In the alternative, if the respondent had succeeded to MAM's business on 2 April 2018, none of the claimants were employed by MAM immediately before that date, and there was no claim or evidence that any dismissal was because of a transfer.
The tribunal therefore held that the claimants' claims for notice pay, wages, holiday and redundancy pay failed and were dismissed. It also recorded that the employment contracts and rights did not transfer to the respondent.
Claims and outcomes
4 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Breach of contract | Notice pay claim. The tribunal held the non-redundancy claims were out of time but that it was not reasonably practicable to present them in time and that they were presented within a reasonable time thereafter; the claim nevertheless failed because there was no transfer of undertaking and the employment contracts and rights did not transfer to the respondent. | Dismissed | — | — |
| Unlawful deduction from wages | Wages claim. The tribunal accepted the late presentation point under the 'not reasonably practicable' test, but dismissed the claim because there was no transfer of undertaking from MAM Logistics Ltd to the respondent. | Dismissed | — | — |
| Holiday pay | Holiday claim. The tribunal found the claim was out of time but admissible because it was not reasonably practicable to present earlier and was then presented within a reasonable time; it was dismissed on the merits because no TUPE transfer was found. | Dismissed | — | — |
| Redundancy | Mr Barnes's redundancy payment claim was held to have been presented in time, but it was dismissed because the tribunal found there was no transfer of undertaking and no entitlement transferred to the respondent. | Dismissed | — | — |
Legal tests applied
2 references- not reasonably practicable
- Regulation 3 Transfer of Undertakings (Protection of Employment) Regulations 2006
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.
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