Mr M Taylor v Avonmouth Brake Centre Ltd (In CVL) and 2 others — 2025

The claimant brought a claim for a redundancy payment after being told that the first respondent had ceased trading and that his employment had not transferred to the third respondent. The second and third respondents later accepted that there had in fact been a TUPE transfer from the first respondent to the third respondent, with the effect that there was no dismissal by the first respondent giving rise to a redundancy payment.

The claimant did not challenge the respondents' current position that there had been a TUPE transfer. The tribunal concluded that, on that unchallenged basis, neither the first, second nor third respondent could be liable for a redundancy payment, and the redundancy payment claim was dismissed as having no reasonable prospect of success. After that dismissal, the third respondent withdrew its employer's counterclaim.