Mr M Abubakar (Consultant) For the v Ms L Hannath (Solicitor) — 2022

The claimant was made redundant on 30 June 2021. He argued that his continuous service should run from 5 February 2003, which would have increased both his redundancy entitlement and his notice pay. The respondent said there had been a break in continuity between 30 September 2016 and 3 January 2017, so 3 January 2017 was the relevant start date for both calculations.

The tribunal heard evidence from the claimant, a colleague, and the respondent’s HR director, and considered the documentary record available after the TUPE transfer. It placed weight on National Express records showing a leaving date of 30 September 2016 with the reason recorded as TUPE, a 5 December 2016 contract stating that employment commenced on 3 January 2017, and the claimant’s 31 August 2016 letter asking for a transfer to National Express. The tribunal also noted an earlier 2009 letter referring to continuity from 5 February 2003, but found the later documents more persuasive on the continuity issue.

Applying the statutory presumption of continuity under section 210(5) of the Employment Rights Act 1996, the tribunal nevertheless found that the documentary evidence overwhelmingly supported a break in service. It concluded on the balance of probabilities that the claimant’s employment transferred on 30 September 2016, that this broke continuity, and that his later work as a shunter did not prevent that conclusion. The redundancy pay claim therefore failed because service from 2003 was not accepted.

The notice pay claim also failed. The tribunal held that the claimant’s continuous service was four years, not more than twelve years, so he was not entitled to additional notice pay under section 86 of the Employment Rights Act 1996. No monetary award was made.