Case 4110623/2021 · Employment Tribunal
EMPLOYMENT TRIBUNALS (SCOTLAND) Case No: 4110623/2021 & Others and 4110622/2021 & Others Hearing at Edinburgh on 1, and August 2022; November 2022; and and January 2023; Members’ Meetings on January and March 2023 Employment Judge: M A Macleod Tribunal Member: A Grant Tribunal Member: L Grime Ms L Smith Lead v Represented by Mr M Haywood Barrister Instructed by Mr P Kissen Solicitor Ms Leah Newman Rollandene Limited Mansfield Care Limited st and 1 other — 2023
- Case reference
- 4110623/2021
- Decision date
- 17 April 2023
- Jurisdiction
- Scotland
- Judge
- Employment Judge Sangster
- Panel members
- A Grant, L Grime
Parties
3 namedClaimant
EMPLOYMENT TRIBUNALS (SCOTLAND) Case No: 4110623/2021 & Others and 4110622/2021 & Others Hearing at Edinburgh on 1, and August 2022; November 2022; and and January 2023; Members’ Meetings on January and March 2023 Employment Judge: M A Macleod Tribunal Member: A Grant Tribunal Member: L Grime Ms L Smith Lead
Key findings
Tribunal's reasoningThis was a liability judgment in a multi-claim case concerning Adamwood Nursing Home. The tribunal held that there was a relevant transfer of the affected staff from Rollandene Limited to Mansfield Care Limited within regulation 3 of TUPE 2006, with the transfer taking place on 29 June 2021 when the last resident left Adamwood. It found that the March 2021 Heads of Terms did not govern the June arrangements, but that the June transfer amounted to a transfer of an undertaking for the privately funded residents and a service provision change for the socially funded residents.