Mrs A Longworth v R1: Leybourne Fisheries Birtley Ltd R2: Krishna (Birtley) Limited HELD AT: Newcastle (in person) — 2025

The Tribunal proceeded under rule 47 in the absence of both respondents. R1 had not presented a response or attended; R2 had filed a limited response asserting the claimant never worked for it and did not attend. The Tribunal was satisfied that notice of the claim and hearing had been properly served and that reasonable efforts had been made to contact R2 on the morning of the hearing.

The Tribunal found that the claimant had been employed by R1 within the meaning of section 230 ERA 1996 to work at Leybourne Fisheries, and that Leybourne Fisheries was an economic entity for the purposes of regulation 3 of TUPE 2006. On 3 July 2024 the business transferred from R1 to R2 and retained its identity following the transfer, subject only to a two-week refurbishment closure beginning 13 July 2024. The Tribunal held this was a relevant transfer under regulation 3 of TUPE and that the claimant's employment transferred to R2 under regulation 4.

The claimant was dismissed with effect from 14 July 2024 by reason of the transfer, and the complaint of unfair dismissal was well-founded as an automatic unfair dismissal by R2 under regulation 7 of TUPE. R2 was ordered to pay a basic award of £2,471.04, a compensatory award of £308.88, and £1,235.52 under section 38 Employment Act 2002 in respect of the respondents' breach of the duty to provide a written statement of employment particulars, giving a total of £4,015.44 payable gross within 14 days.