ETZ 4(WR) EMPLOYMENT TRIBUNALS (SCOTLAND) Case No: 4100821/2017 Hearing at Edinburgh on October 2017 Employment Judge: M A Macleod (sitting alone) Shaun Cassidy v Industrial Strategy Airport Shuttle Limited and 1 other — 2017

Shaun Cassidy worked for Chauffeurline (UK) Limited from 3 June 2015, initially as an operator and later, from around May 2016, as operations manager. His pay increased from £8 to £9 per hour. The case arose after the business encountered financial difficulty, administrators from French & Duncan attended on 1 September 2016, and the claimant then stopped receiving pay after 2 September 2016. He brought a claim for arrears of pay and holiday pay as unlawful deductions from wages, though he confirmed that he was not seeking an award for notice pay.

The main issue was whether liability had transferred under TUPE to Graham Pender or Airport Shuttle Limited so that the first respondent, the Secretary of State in the insolvency claim process, was not responsible for payment. The tribunal considered the RP18 material, the claimant's evidence, and the submissions about an alleged transfer on 1 September 2016 or a later transfer when Airport Shuttle Limited was incorporated. It found the evidence insufficient and described the position as unclear and confused, including the suggestion of a double transfer without basis in the evidence before it.

The tribunal therefore held that it could not find that the claimant had transferred, or should have transferred, to Airport Shuttle Limited or to Mr Pender under TUPE. In the absence of proof of any transfer, it found the first respondent responsible for the outstanding sums claimed. The claim succeeded against the first respondent and was dismissed against the second and third respondents. The tribunal ordered payment of £2,772, the undisputed amount set out in the ET1.