Mr S Orr v Olsen Doors and Windows Limited — 2018

Mr Orr was employed by Olsen Doors and Windows Limited as a Project Estimator on 16 January 2018. He resigned on 17 January 2018, withdrew that resignation after discussions about promotion and improved terms, and then resigned again on 30 January 2018 with an effective date of 23 February 2018. His ET1 pleaded constructive unfair dismissal, a redundancy payment, and breach of contract for non-payment of a golden handcuffs bonus.

The hearing on 3 October 2018 was a preliminary hearing about whether Mr Orr was suing the correct respondent after the company entered administration on 21 May 2018, was renamed ODW Realisations Limited, and its assets were sold to Echelon International Limited, which then changed its name to Olsen Doors and Windows Limited. The tribunal considered TUPE Regulation 3 and Regulation 4, and the Court of Appeal decision in Secretary of State for Employment v Spence and Others on the meaning of immediately before.

Employment Judge Britton held that Mr Orr had ceased to be employed by the transferor by 23 February 2018, almost three months before the alleged transfer on 21 May 2018, so he was not employed immediately before the transfer and the relevant rights and liabilities did not pass to the current respondent. The existing respondent, Olsen Doors and Windows Limited, was dismissed from the proceedings, ODW Realisations Limited was joined, the papers were to be served on the administrators, and the case was to be stayed if the administrators did not consent or if High Court approval was required. The judge noted that any successful unfair dismissal claim against ODW Realisations Limited could potentially give rise to a basic award claim from the Secretary of State under section 182 of the Employment Rights Act 1996.