Case 3202336/2018 · Employment Tribunal
Mr A. Carter of Counsel For 3rd, 4th & 5th Claimants: Mr P. Kerfoot of Counsel For the 1st & 2nd v No representative; written representations For the 3rd Respondent: n/a — 2018
- Case reference
- 3202336/2018
- Decision date
- 3 September 2018
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Adkin Members
- Venue
- London Central
- Panel members
- Mr T Cook, Ms C Masters
Parties
2 namedClaimant
Mr A. Carter of Counsel For 3rd, 4th & 5th Claimants: Mr P. Kerfoot of Counsel For the 1st & 2nd
Key findings
Tribunal's reasoningThe tribunal amended the second respondent's name to HCT Group Operations Community Interest Company (CIC). It then found that all five claimants were employed by the second respondent immediately before a service provision change on 3 September 2018 within regulation 3(b)(iii) of TUPE 2006.
On assignment, the tribunal found that claimants 1, 2 and 3 were not assigned to the Adult Social Care grouping that transferred to the third respondent, and therefore did not transfer to the third respondent's employment. It found that claimants 4 and 5 were assigned to that grouping and did transfer.
The tribunal did not finally determine the claims brought under regulations 13 and 15 of TUPE 2006 for failure to inform and consult. Those claims were adjourned pending further submissions on whether the claimants had standing to bring them. No remedy was recorded in this judgment.
Claims and outcomes
1 finding recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Transfer of undertakings (TUPE) | The tribunal found that all five claimants were employed by the second respondent immediately before a service provision change on 3 September 2018 within regulation 3(b)(iii) of TUPE 2006. It found that claimants 1 to 3 were not assigned to the Adult Social Care grouping that transferred to the third respondent and therefore did not transfer to its employment, while claimants 4 and 5 were assigned to that grouping and did transfer. Determination of the regulation 13 and 15 failure to inform and consult claims was adjourned pending further submissions on standing. | Other | — | — |
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
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