Case 3200104/2021 · Employment Tribunal
(1)Mr Mark Twiddy (2) Mr Wayne Gray (3) Mr Stephen Morris (4) Mr Perry Hooker (5) Mr Richard Murray v Menzies Aviation (UK) Limited and 1 other — 2023
- Case reference
- 3200104/2021
- Decision date
- 25 August 2023
- Jurisdiction
- England & Wales
- Judge
- Employment Judge F Allen Representation
Parties
3 namedClaimant
(1)Mr Mark Twiddy (2) Mr Wayne Gray (3) Mr Stephen Morris (4) Mr Perry Hooker (5) Mr Richard Murray
Key findings
Tribunal's reasoningThe tribunal struck out Mr Richard Murray's claims in their entirety under rule 37(1)(d), after he was given an opportunity to show cause why the claims should not be struck out for not having been actively pursued and no response or request for a hearing was received.
For Mr Mark Twiddy, Mr Wayne Gray, Mr Stephen Morris and Mr Perry Hooker, the tribunal found that their employment transferred from Menzies Aviation (UK) Limited to Aeroco Group International Limited by operation of Regulation 3(1)(b)(ii) of TUPE 2006. The claims against Menzies Aviation (UK) Limited were dismissed and that respondent was dismissed from the proceedings.
The unfair dismissal claims brought by Mr Twiddy, Mr Gray and Mr Morris under Part 10 of the Employment Rights Act 1996 were found to be well founded and succeeded against Aeroco Group International Limited. Mr Hooker's unfair dismissal claim was dismissed on withdrawal, while his claims for notice pay and holiday pay were directed to proceed to a later hearing. A remedy hearing was listed for 5-7 December 2023.
Claims and outcomes
6 findings recordedThis case has mixed outcomes under at least one legal claim type. A tribunal can uphold some allegations and dismiss others under the same legal head, so rows below may represent separate issues or allegation groups from the judgment.
| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Other | Mr Richard Murray's claims in case 3200136/2021 were struck out in their entirety under rule 37(1)(d) because they had not been actively pursued and no response or hearing request was received. | Struck out | — | — |
| Transfer of undertakings (TUPE) | The tribunal found that the employment of Mr Mark Twiddy, Mr Wayne Gray, Mr Stephen Morris and Mr Perry Hooker transferred from the first respondent to the second respondent by operation of Regulation 3(1)(b)(ii) of TUPE 2006. | Upheld | — | — |
| Unfair dismissal | The unfair dismissal claims of Mr Mark Twiddy, Mr Wayne Gray and Mr Stephen Morris under Part 10 of the Employment Rights Act 1996 were well founded and succeeded against the second respondent. | Upheld | — | — |
| Unfair dismissal | Mr Perry Hooker's unfair dismissal claim was dismissed on withdrawal. | Withdrawn | — | — |
| Breach of contract | Mr Perry Hooker's notice pay claim was not finally determined in this judgment and was directed to proceed to a hearing on 5-7 December 2023. | Other | — | — |
| Holiday pay |
Legal tests applied
3 references- rule 37(1)(d) of The Employment Tribunals Rules of Procedure 2013
- Regulation 3(1)(b)(ii) of the Transfer of Undertakings (Protection of Employment) Regulations 2006
- Part 10 of the Employment Rights Act 1996
Official outcome judgment PDF
Gov.uk primary recordThe official judgment PDF on gov.uk contains the tribunal's outcome, reasoning, and any remedy details. Where this page does not yet show extracted outcomes for every claim, use the PDF as the authoritative source.
Published on gov.uk under the Open Government Licence v3.0.
How we got this data
Case essentials (reference, date, judge, venue, country, claim categories) are extracted from the structured metadata gov.uk publishes alongside each decision. Parties and monetary figures are extracted from the judgment PDF text. Key findings and per-claim outcomes require a second extraction pass that is not yet complete for this case — until then, the primary source linked above is the authoritative record. See full methodology.
Named in this case and want it removed? Submit a takedown request. The page will be withdrawn on receipt and the editor will follow up within five working days.