Case 2416773/2018 · Employment Tribunal
1. Mr D Bates 2. Ms L Whitfield 3. Ms E Hart v Fractional Administration Limited (in liquidation) and 2 others — 2020
- Case reference
- 2416773/2018
- Decision date
- 27 January 2020
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Horne MEMBERS
- Panel members
- Mrs J L Pennie, Mr J Murdie
Parties
4 namedClaimant
1. Mr D Bates 2. Ms L Whitfield 3. Ms E Hart
Key findings
Tribunal's reasoningMs Whitfield and Ms Hart withdrew their claims, and the tribunal dismissed those claims following withdrawal. By consent, the claim against Fractional Property Solutions Limited was struck out because it was not actively pursued. The remaining substantive complaints were then considered in relation to Mr Bates only.
The tribunal found that Fractional Administration Limited failed in its duty under regulation 13 of the Transfer of Undertakings (Protection of Employment) Regulations 2006 to inform and consult Mr Bates in connection with a relevant transfer. That was the only claim upheld in the judgment.
Mr Bates's unfair dismissal complaint failed. The tribunal found that he did not have the right not to be unfairly dismissed, and in any event he was never employed by Langley Corporate Services Limited. The tribunal also recorded that he said he was not actively pursuing any unfair dismissal complaint against Fractional Administration Limited.
The breach of contract claim and the unlawful deduction from wages complaint against Langley Corporate Services Limited also failed because the tribunal found that Langley had never employed Mr Bates. The judgment records no monetary award or other remedy.
Claims and outcomes
6 findings recordedThis case has mixed outcomes under at least one legal claim type. A tribunal can uphold some allegations and dismiss others under the same legal head, so rows below may represent separate issues or allegation groups from the judgment.
| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Other | The claims of Ms Whitfield and Ms Hart were dismissed following withdrawal by those claimants. | Dismissed | — | — |
| Other | By consent, the claim against Fractional Property Solutions Limited was struck out on the ground that it was not actively pursued. | Struck out | — | — |
| Transfer of undertakings (TUPE) | Fractional Administration Limited failed in its duty under regulation 13 of the Transfer of Undertakings (Protection of Employment) Regulations 2006 to inform and consult the claimant in connection with a relevant transfer. | Upheld | — | — |
| Unfair dismissal | The tribunal held that the claimant did not have the right not to be unfairly dismissed; in any event he was never employed by Langley Corporate Services Limited, and he said he was not actively pursuing the unfair dismissal complaint against Fractional Administration Limited. | Dismissed | — | — |
| Breach of contract | Langley Corporate Services Limited was found never to have employed the claimant, so the breach of contract claim against it failed. | Dismissed | — | — |
| Unlawful deduction from wages |
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.
- Open official judgment 1 PDF on gov.uk
- Open official judgment 2 PDF on gov.uk
- Open official judgment 3 PDF on gov.uk
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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