Case 2602252/2018 · Employment Tribunal

Mr Stillings (1) Mr Lomax (2) Mr Short (3) v Touch Electrical Engineering Limited (In voluntary liquidation) and 3 others — 2020

Case reference: 2602252/2018
Decision date: 15 February 2020
Jurisdiction: England & Wales
Judge: Employment Judge Clark
Venue: Nottingham

Indexed: 18 May 2026

Parties

5 named

Claimant

Mr Stillings (1) Mr Lomax (2) Mr Short (3)

Respondents

Key findings

Tribunal's reasoning

The claimants' claims arose after the first respondent ceased trading and later entered creditors' voluntary liquidation. Mr Stillings and Mr Lomax moved to Demain Limited, and Mr Short moved to Touch EE Limited. The Secretary of State had rejected claims for payments on the basis that there had been a TUPE transfer.

The tribunal found that the three-month claims for unpaid wages, notice pay and accrued holiday were presented out of time. It was satisfied that it had been reasonably practicable to present those claims within time, particularly after the Secretary of State's rejection letter explained how to bring a tribunal claim. It also found there was no satisfactory explanation for the further delay after early conciliation.

For Mr Stillings and Mr Lomax, the tribunal found that their employment transferred from the first respondent to Demain Limited under TUPE. Their work continued without material change, using the same premises, machinery, stock, customers and commercial contracts. The tribunal concluded that there was no dismissal and therefore no entitlement to redundancy pay, notice pay or holiday pay on termination. It also gave an alternative conclusion that, if TUPE did not apply, continuity would be preserved through associated employers and suitable alternative employment.

Claims and outcomes

4 findings recorded

Claim type	Issue or finding	Outcome	Protected characteristic	Award
Unlawful deduction from wages	Claims for unpaid wages were found to be out of time; the tribunal declined jurisdiction. Mr Short sought only wages and his claims were struck out for want of jurisdiction.	Struck out	—	—
Breach of contract	The judgment treated unpaid notice pay with the claims subject to a three-month time limit and declined jurisdiction because they were out of time. The tribunal also found, in relation to Mr Stillings and Mr Lomax, that there was no dismissal because of the TUPE transfer.	Struck out	—	—
Holiday pay	Claims for accrued but untaken holiday were found to be out of time; the tribunal declined jurisdiction. The tribunal noted that possible continuing rights against Demain Limited were not before it.	Struck out	—	—
Redundancy	Mr Stillings and Mr Lomax pursued redundancy payments. The tribunal found their employment transferred under TUPE to Demain Limited, so there was no dismissal and no entitlement to a redundancy payment. It also said it would not extend time, and gave an alternative analysis based on associated employers and continuity of employment.	Dismissed	—	—

Legal tests applied

9 references

Official outcome judgment PDF

Gov.uk primary record

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