Case 3300360/2019 · Employment Tribunal
Ms I Saran (Counsel) First v Respondent — 2020
- Case reference
- 3300360/2019
- Decision date
- 3 September 2020
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Smail
- Venue
- Watford
- Panel members
- Mr A Scott, Ms L Jaffe
Parties
1 namedClaimant
Ms I Saran (Counsel) First
Respondent
- —
Key findings
Tribunal's reasoningThe case was heard at Watford on 1-3 September 2020 by Employment Judge Smail with Mr A Scott and Ms L Jaffe. The judgment records that the Second Respondent did not appear because it had settled with the claimants. The tribunal also disposed of some claims procedurally: the claims of Mrs Rajwinder Kaur Goraya, Mrs L Webb, Mrs L Goode, Mrs R Ghuman and Mrs K Iwamir Thembe were dismissed upon withdrawal, and the claims of Mr B. Bhatti, Ms Jaspel Kaur, Mr S. Lambird, Mr I Davidson, Mr M McCoy, Mrs T More and Miss S. Vanova were struck out for non-pursuit.
On the substantive TUPE issues, the tribunal found that the First Respondent breached regulations 13 and 14 of the TUPE Regulations 2006. It held that the First Respondent failed to enable the nomination and/or election of a second employee representative and failed to provide information about the transfer in writing to the sole employee representative.
The tribunal ordered that the First Respondent must pay the seven remaining claimants two weeks' pay each if, and only if, the Second Respondent did not pay the settlement agreement of seven weeks' pay each. The judgment states that those settlement sums would act as credits against the First Respondent's indebtedness to the claimants.
Claims and outcomes
3 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 |
|---|---|---|---|---|
| Transfer of undertakings (TUPE) | Claims of Mrs Rajwinder Kaur Goraya, Mrs L Webb, Mrs L Goode, Mrs R Ghuman and Mrs K Iwamir Thembe were dismissed upon withdrawal. | Withdrawn | — | — |
| Transfer of undertakings (TUPE) | Claims of Mr B. Bhatti, Ms Jaspel Kaur, Mr S. Lambird, Mr I Davidson, Mr M McCoy, Mrs T More and Miss S. Vanova were struck out for non-pursuit. | Struck out | — | — |
| Transfer of undertakings (TUPE) | The First Respondent breached regulations 13 and 14 of the TUPE Regulations 2006 by failing to enable the nomination and/or election of a second employee representative and by failing to provide transfer information in writing to the sole employee representative; the tribunal ordered two weeks' pay each for the remaining seven claimants, conditional on the Second Respondent not paying the settlement agreement of seven weeks' pay each, with those sums to be credited against the First Respondent's indebtedness. | Upheld | — | — |
Legal tests applied
1 reference- regulations 13 and 14 of the TUPE Regulations 2006
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.
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