Mr D T Price v Cape Industrial Services Ltd T/a Altrad Services and others: 4114219/2019
| Judgment Date | 21 April 2021 |
| Date | 21 April 2021 |
| Citation | 4114219/2019 |
| Published date | 12 April 2021 |
| Court | Employment Tribunal |
| Subject Matter | Transfer of Undertakings |
E.T. Z4 (WR)
EMPLOYMENT TRIBUNALS (SCOTLAND)
5
Case No: 4114219/19 (P)
Held on 21 December 2020
Employment Judge N M Hosie
10
Mr D T Price Claimant
Represented by
Mr M A S Briggs,
15
Solicitor
Cape Industrial Services Ltd 1st Respondent
t/a Altrad Services & Others Represented by
20
Mr K Duffy,
Solicitor &
Legal Adviser
25
Sparrows Offshore Services Limited 2nd Respondent
Represented by
Mr S Neilson,
30
Solicitor
JUDGMENT OF THE EMPLOYMENT TRIBUNAL
35
The Judgment of the Tribunal is that:-
1. the claimant did not transfer to the second respondent in terms of the Transfer
of Undertakings (Protection of Employment) Regulations 2006 (“TUPE”);
40
S/4114219/19 Page 2
2. the complaints against the first respondent, predicated on there having been
a relevant transfer of the claimant under TUPE, are dismissed; and
3. the claim against the second respondent is dismissed in its entirety.
5
REASONS
Introduction
1. The claim in this case comprises complaints of unfair dismissal and a failure
to consult about a proposed transfer under the Transfer of Undertakings
10
(Protection of Employment) Regulations 2006 (“TUPE”). The claim is denied
in its entirety by both respondents. In short, while they accept that there was
a TUPE transfer from the first respondent to the second respondent, they
maintain that, as the claimant was an “ad-hoc employee” he was not part of
an “organised grouping of employees” and did not transfer. The dismissal is
15
admitted by the first respondent but they maintain that the reason was
redundancy and that it was fair.
2. I conducted a preliminary hearing to consider case management on 9 July
2020. The Note which I issued following that hearing is referred to for its
20
terms. It was agreed that I would consider and determine the issue of whether
or not the claimant transferred to the second respondent by reason of TUPE,
“on the papers”: on the basis of the parties’ written submissions.
Statement of Agreed Facts
25
3. In accordance with my direction, the parties submitted a “Statement of Agreed
Facts”. These were sent to the Tribunal by the second respondent’s solicitor
by way of an attachment to his e-mail of 11 September 2020 at 09:55.
Accordingly, on the basis of that Statement, I make the following findings in
30
fact, for the purpose of the issue with which I was concerned.
To continue reading
Request your trial