Stephen Bryce P C Coaches of Lincoln Ltd v T C Mini Coaches Ltd — 2024

The Tribunal heard the claim at Lincoln on 13 and 14 December 2023 before Employment Judge Hutchinson with lay members Mr A Blomefield and Mr C Tansley. It preferred the evidence of the Claimant's witnesses where there was conflict and did not find Tina Warren's evidence about the alleged pay rise credible. The transfer of the Call Connect contract took place on 27 March 2023 and TUPE applied to the affected employees.

On regulation 11 TUPE, the Tribunal found that the Respondent had not provided the required employee liability information. The email sent on 24 February 2023 did not give the employees' ages, disciplinary or grievance history, or the full particulars of employment required by section 1 of the 1996 Act, including pension, holiday and sick pay information. Although contracts were later provided on 7 March 2023, that was still only 20 days before the transfer and so outside the 28-day period in regulation 11(6). The Tribunal found no special circumstances excusing late compliance.

The Tribunal also rejected the Respondent's account that it had validly increased the drivers' pay to £12.00 per hour before transfer. It found there had been no such pay rise, and in any event any alleged enhancement was made because of the impending change of service provision and was therefore void under regulation 4(4) TUPE. The Tribunal referred to the message from Tina Warren suggesting any pay rise would depend on how much the Claimant annoyed her, and found that the Claimant had not been told of any valid pay rise.

As to remedy, the Tribunal applied regulation 12 TUPE and awarded the minimum compensation of £500 per affected employee. As 15 employees transferred, and there were no circumstances justifying a lower sum, it made a total award of £7,500. It also recorded that the declaration meant the Claimant would not suffer the losses claimed in its schedule of loss.