Mr Nikolay Avramov v BAM Construct UK Limited and 1 other — 2021

This was a Preliminary Hearing (Open) before Employment Judge G Tobin to consider whether any claim should be struck out or made subject to a deposit order. The judge declined to consider strike-out, citing late withdrawal of the claimant's solicitor and late provision of documents/submissions by both respondents (which the judge formally cautioned against). The judge held that three TUPE-related allegations had little reasonable prospect of success: the automatic unfair dismissal under regulation 7 TUPE 2006 against the first respondent, and the failure to inform and consult under regulation 13 TUPE 2006 against both respondents. After enquiring into the claimant's means, deposit orders of £400 per allegation (totalling £1,200) were imposed as a condition of continuing to advance them. The judge declined to make further case management orders pending the joining of related new proceedings.