Mr James Hood v Tedesco Tiling and Terrazzo Contractors — 2018

The claimant brought claims for a redundancy payment and holiday pay. On the holiday pay issue, the respondent produced holiday records showing that the claimant had taken and been paid for all holiday due in the holiday year to termination. The claimant initially said he would check his payslips, but no further communication was received. The tribunal accepted the respondent's record and found that no holiday pay remained outstanding, so that claim was dismissed.

On the redundancy payment claim, the tribunal accepted that a relevant transfer would otherwise have existed under TUPE when the business moved from company SC446768 to the respondent. However, it found that Regulation 8(7) applied because the transferor was subject to insolvency proceedings instituted with a view to liquidation of its assets under the supervision of an insolvency practitioner. The tribunal therefore held that the claimant's employment did not transfer to the respondent in 2016.

Because the claimant's employment with the respondent began on or about 20 July 2016, the tribunal found that he did not have two years' continuous employment and was not entitled to a redundancy payment. The judgment accordingly dismissed both claims and recorded no monetary award.