Mrs J Foxwell v Dial A Carer (South West) Ltd and 1 other — 2021

The tribunal found that Mrs J Foxwell's employment transferred from Dial a Carer Group Limited to 3HA Limited on 22 January 2020 under Regulation 4 of TUPE 2006. Once that transfer finding was made, the tribunal said the remainder of the claims against the first respondent were not well founded and were dismissed. The specific complaint that the first respondent failed to inform and consult was dismissed upon withdrawal.

By consent, the claimant was awarded £1,000 from 3HA for failure to inform and consult about the transfer and £750 for failure to provide a full and complete statement of employment particulars. The judgment records the first sum as being under Regulation 13 TUPE in the order and under Regulation 15 TUPE in the reasons.

On arrears of pay, the claimant argued that she should have been paid for 30 contact hours per week at £9.20. The tribunal held that the transferred contract guaranteed a minimum of 30 hours a week at £9 per hour, with contact hours later increased to £9.20 and travelling time remaining at £9. On the respondent's spreadsheet, the claimant had 91.75 fewer contact hours but had also been paid £982.45 in travel pay, which represented just over 109 hours, so the tribunal found she had received more than the minimum and dismissed the arrears claim.

On holiday pay, the tribunal held that section 11 Employment Rights Act 1996 allowed it to determine what should have been included in the statement of particulars about holiday entitlement, but not whether 3HA had breached the holiday term or whether a disputed July 2020 payment had discharged accrued but untaken holiday pay. It therefore made no merits finding on that issue.