Miss L Wilson v S&L Hospitality Limited — 2024

The claimant, Miss L Wilson, brought a single claim for a statutory redundancy payment against S&L Hospitality Limited. She said her employment ended on 2 July 2023, while the respondent contended that her employment transferred to a third party on or about 3 July 2023 under the Transfer of Undertakings (Protection of Employment) Regulations 2006.

The tribunal found that the claimant had been employed since 30 June 2007, that she took maternity leave on or about 21 May 2023, and that on 3 July 2023 the third party took over the running of the premises and entered into a lease with the landlord. The tribunal held that this was a relevant transfer for TUPE purposes and that the claimant was assigned to the organised grouping of employees subject to that transfer.

Applying regulation 4 of TUPE, the tribunal concluded that the transfer did not operate to terminate the claimant's contract of employment. It held that the claimant was not dismissed on 2 July 2023 and therefore did not satisfy section 135 of the Employment Rights Act 1996 for a redundancy payment from the respondent.

The claim was dismissed. In its observations the tribunal noted that the claimant might still be employed by the transferee and might be able to bring claims against it, and suggested that she seek advice from ACAS or a university law clinic.