Case 3205725/2022 · Employment Tribunal
Miss C Hayward v Mr A Wohlman — 2023
- Case reference
- 3205725/2022
- Decision date
- 19 May 2023
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Farrall Representation
Parties
2 namedClaimant
Miss C Hayward
Respondent
Key findings
Tribunal's reasoningMiss Hayward’s claims for redundancy pay, notice pay and holiday pay were withdrawn. The tribunal dismissed those claims on withdrawal pursuant to Regulation 52 of the Employment Tribunals (Constitution and Rules of Procedure) Regulations 2013.
The separate claim for failure to consult under regulation 15 of the TUPE Regulations 2006 was found to have been presented out of time. The tribunal held that the claimant did not establish that it was not reasonably practicable for her to present the claim within the time limit.
Because that jurisdictional requirement was not satisfied, the tribunal held that it had no jurisdiction to hear the TUPE claim and dismissed it under regulation 15(12) of the Transfer of Undertakings (Protection of Employment) Regulations 2006.
Claims and outcomes
4 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Redundancy | Claim withdrawn; tribunal dismissed it on withdrawal pursuant to Regulation 52 of the Employment Tribunals (Constitution and Rules of Procedure) Regulations 2013. | Withdrawn | — | — |
| Breach of contract | Notice pay claim withdrawn; tribunal dismissed it on withdrawal pursuant to Regulation 52 of the Employment Tribunals (Constitution and Rules of Procedure) Regulations 2013. | Withdrawn | — | — |
| Holiday pay | Claim withdrawn; tribunal dismissed it on withdrawal pursuant to Regulation 52 of the Employment Tribunals (Constitution and Rules of Procedure) Regulations 2013. | Withdrawn | — | — |
| Transfer of undertakings (TUPE) | Failure to consult claim under regulation 15 of the TUPE Regulations 2006 was presented out of time; the tribunal found it was not reasonably practicable for the claimant to have presented it within the time limit and therefore held it had no jurisdiction. | Dismissed | — | — |
Legal tests applied
3 references- Regulation 52 Employment Tribunals (Constitution and Rules of Procedure) Regulations 2013
- Regulation 15(12) Transfer of Undertakings (Protection of Employment) Regulations 2006
- not reasonably practicable
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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