(1) Mr James Buglass (2) Mr Phillip Hopper v Securitas Security Services (UK) Limited and 2 others — 2020

Mr Buglass and Mr Hopper were employed by Securitas as security guards at Pallion Yard. The tribunal found that they were an organised grouping assigned to provide security services for Pallion and that Ryandale performed fundamentally the same gatehouse duties after 11 February 2019. However, the tribunal found the Ryandale arrangement was a short-term stop gap pending the Council's security arrangements and therefore there was no service provision change under TUPE and no relevant transfer of employment to Ryandale.

Because there was no TUPE transfer, the tribunal dismissed the automatic unfair dismissal and TUPE information and consultation claims. It accepted that Securitas had been largely without the necessary information until 11 February 2019 and could rely on the special circumstances defence for the TUPE consultation claim. The tribunal found that the claimants were dismissed by Securitas on 11 February 2019 by reason of redundancy, because there was no longer a requirement for their work at the Yard.

The ordinary unfair dismissal claims were dismissed. The tribunal found that Securitas acted reasonably in the circumstances by alerting both claimants to internal vacancies and inviting them to contact their line manager if they wished to pursue alternative employment, but neither claimant did so. The tribunal upheld claims for statutory redundancy payments, notice pay, holiday pay on termination, and compensation for failure to provide updated written particulars of employment.