Case 4104947/2018 · Employment Tribunal
Ms S Hoare v TN Trawlers Ltd — 2018
- Case reference
- 4104947/2018
- Decision date
- 24 October 2018
- Jurisdiction
- Scotland
- Judge
- Employment Judge Robert Gall
- Venue
- Glasgow
Parties
2 namedClaimant
Ms S Hoare
Respondent
Key findings
Tribunal's reasoningAt a preliminary hearing on identity of employer, the tribunal heard from Ms Hoare and considered the documentary record. It found that she had been employed by TN Trawlers Ltd from February 2008 as an Accounts Clerk/Manager, but that in September 2013 she moved to Scallops Direct Scotland Ltd as Factory Manager under a new contract that identified Scallops Direct Scotland Ltd as the employer and preserved continuity of service under TUPE. Her pay continued through J J Marine Ltd as an administrative arrangement funded by TN Trawlers Ltd.
The tribunal held that, at the time her employment ended in October 2014, the employer was Scallops Direct Scotland Ltd and not TN Trawlers Ltd. It therefore concluded that the unfair dismissal claim could not proceed against TN Trawlers Ltd. The judge noted that if the reason for dismissal was a transfer under TUPE that would be an automatically unfair dismissal, but that claim would still lie against Scallops Direct Scotland Ltd. The tribunal also recorded the claimant's view that the corporate restructuring was a cynical arrangement, but said it could not reach a view on that proposition for the purpose of this preliminary hearing.
The tribunal granted the claimant's application to sist the case for two months so that she could take advice and potentially apply to have Scallops Direct Scotland Ltd restored to the register. The respondent did not appear or represent itself at the hearing.
Claims and outcomes
1 finding recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Unfair dismissal | Preliminary hearing on identity of employer. The tribunal held that Ms Hoare was employed by Scallops Direct Scotland Ltd at the time of termination, so the unfair dismissal claim could not proceed against TN Trawlers Ltd. The case was sisted for 2 months to allow her to consider possible restoration of Scallops Direct Scotland Ltd to the register. | Other | — | — |
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.
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