ETZ 4(WR) EMPLOYMENT TRIBUNALS (SCOTLAND) Case Nos: 2500082/2024, 3313009/2023, 1406313/2023, 1406310/2023 & 3313056/2023 Hearing at Glasgow on and February 2026 Employment Judge: M A Macleod (1) Mr K Ryder v (via CVP) (2) Mr G Smith (3) Mr J Gater (4) Mr M Davies (5) Mr G Lankester 2500082/2024 & Others Page Transvalair (UK) Limited — 2026

The five claimants were employed by Transvalair as Drivers, with Mr Lankester also working as a Porter, in connection with the Victoria Plum final mile delivery contract. Victoria Plum entered administration on 29 September 2023 and the respondent carried out no further deliveries after 30 September 2023. The claimants were laid off on 3 October 2023 and were told on 17 October 2023 that their employment with Transvalair had ended because their employment would transfer to AHK Designs Ltd under TUPE. AHK Designs and Victoria Plum later told the claimants that no transfer had taken place. An earlier Tribunal judgment dated 26 June 2025 found that there was no relevant transfer under Regulation 3(1)(a) or 3(1)(b) of TUPE.

The Tribunal found that a redundancy situation had arisen and that the respondent had failed to consult adequately with the claimants before telling them that their employment had ended. The dismissals were found to be unfair for the qualifying claimants because there was no warning that they were to lose their employment and the respondent acted on the erroneous basis that TUPE transferred them to AHK Designs. The Tribunal limited compensation because, had a fair procedure been followed, the claimants would have been made redundant within about four weeks of 17 October 2023, and there was no basis to find that suitable alternative employment should have been offered or that there should have been a wider selection pool. Mr Gater lacked the necessary qualifying service for unfair dismissal and redundancy payment claims and was awarded only notice pay.

The notice pay claim succeeded for all five claimants. Redundancy payments were awarded to Mr Ryder, Mr Smith, Mr Davies and Mr Lankester, but not to Mr Gater. The holiday pay claims did not result in an award: Mr Ryder accepted he was not due holiday pay, Mr Smith confirmed he was not making a holiday pay claim, and the Tribunal found no outstanding holiday entitlement for Mr Davies or Mr Lankester.

The final awards were GBP 6,907.87 to Mr Ryder, GBP 6,666.52 to Mr Smith, GBP 409.71 to Mr Gater, GBP 10,621.67 to Mr Davies, and GBP 6,565.56 to Mr Lankester. The unfair dismissal awards for the qualifying claimants included loss of statutory rights, four weeks' compensatory award, and a 25% uplift in relation to the compensatory awards because the Tribunal considered it just and equitable to take account of the complete failure to consult before the claimants were told their employment had ended. The Recoupment Regulations applied to the compensatory awards for Mr Ryder and Mr Davies for the period 17 October to 14 November 2023, with the prescribed element being the compensatory award without the 25% uplift.