1. Elaine Sutherland v Respondent — 2018

Elaine Sutherland lodged a claim on behalf of 15 claimants on 24 November 2017, accepted after reconsideration as presented on 9 January 2018, seeking redundancy pay, notice pay, holiday pay and arrears of pay arising from employment with Flemings Innovation Plastics Ltd. The first respondent's ET3 stated that it was insolvent and that liability for those payments would fall to the Secretary of State under the insolvency scheme. The case was listed for a preliminary hearing to consider whether there had been a relevant transfer from the first respondent to ICL Tech Limited under TUPE.

No claimant attended the preliminary hearing on 2 May 2018, and there were no witnesses in attendance for any claimant or for the first or second respondents. The tribunal considered the available material, including the first claimant's email saying she would not attend and the second respondent's email enclosing a statement from its managing director, and proceeded in the parties' absence under rule 47 of the Employment Tribunals (Constitution and Rules of Procedure) Regulations 2013.

The judge recorded the earlier tribunal directions, including the expectation that Mrs Sutherland would attend and give evidence, and noted that the parties had been reminded that witnesses relevant to the preliminary issue should attend. The third respondent's representative considered whether to seek a costs order under rule 76(1), but did not insist on one. The judgment does not record any substantive finding on TUPE liability or on the merits of the payment claims.

Each claimant's claims for redundancy pay, notice pay, holiday pay and arrears of pay were dismissed.