Mr D White and others v Westfield Shovels Ltd and others: 1801172/2021 and others
| Jurisdiction | England & Wales |
| Judgment Date | 09 August 2022 |
| Citation | 1801172/2021 and others |
| Date | 09 August 2022 |
| Court | Employment Tribunal |
| Published date | 13 October 2022 |
| Subject Matter | Breach of Contract |
Case Numbers: 1801172/2021
1801173/2021
1801174/2021
1801175/2021
1801176/2021
1 of 31 August 2020
EMPLOYMENT TRIBUNALS
Claimants: Mr D White (First Claimant)
Mr D Harper (Second Claimant)
Mr J Farley (Third Claimant)
Mr D Hickson (Fourth Claimant)
Mr O Brammer (Fifth Claimant)
Respondents: Westfield Shovels Limited (First Respondent)
Associated British Ports (Second Respondent)
Scanmech Plant (Sales and Service) Limited (Third Respondent)
Heard: Remotely (by video link) On: 15, 14 and 15 December 2021 and 9, 10,
and 11 May 2022
Before: Employment Judge S Shore
Appearances
For the claimants: Mr D White, Lay Representative
For the respondents: Mr S Butler, Counsel (First and Third Respondents)
Mr P Smith, Counsel (Second Respondent)
RESERVED JUDGMENT ON LIABILITY
The decision of the Tribunal is that:
First Claimant – David White
1. The first claimant’s employment was not transferred to the second or third
respondents under the Transfer of Undertaking (Protection of Employment)
Regulations 2006 (“TUPE”).
2. The first claimant’s claim of unfair dismissal (contrary to section 94 of the
Employment Rights Act 1996) succeeds against the first respondent. Remedy
will be determined at a hearing to be fixed.
Case Numbers: 1801172/2021
1801173/2021
1801174/2021
1801175/2021
1801176/2021
2 of 31 August 2020
3. The first claimant’s claim of breach of contract (also known as wrongful dismissal)
succeeds against the first respondent. Remedy will be determined at a hearing
to be fixed.
4. The first claimant’s claim of holiday pay succeeds against the first respondent.
Remedy will be determined at a hearing to be fixed.
5. The first claimant’s claim for a statutory redundancy payment succeeds against
the first respondent. Remedy will be determined at a hearing to be fixed.
Second Claimant – David Hickson
6. The second claimant’s employment was not transferred to the second or third
respondents under the Transfer of Undertaking (Protection of Employment)
Regulations 2006 (“TUPE”).
7. The second claimant’s claim of unfair dismissal (contrary to section 94 of the
Employment Rights Act 1996) succeeds against the first respondent. Remedy
will be determined at a hearing to be fixed.
8. The second claimant’s claim of breach of contract (also known as wrongful
dismissal) succeeds against the first respondent. Remedy will be determined at
a hearing to be fixed.
9. The second claimant’s claim of holiday pay succeeds against the first
respondent. Remedy will be determined at a hearing to be fixed.
10. The second claimant’s claim for a statutory redundancy payment succeeds
against the first respondent. Remedy will be determined at a hearing to be fixed.
Third Claimant – Owen Brammer
11. The third claimant’s employment was not transferred to the second or third
respondents under the Transfer of Undertaking (Protection of Employment)
Regulations 2006 (“TUPE”).
12. The third claimant’s claim of unfair dismissal (contrary to section 94 of the
Employment Rights Act 1996) succeeds against the first respondent. Remedy
will be determined at a hearing to be fixed.
13. The third claimant’s claim of breach of contract (also known as wrongful
dismissal) succeeds against the first respondent. Remedy will be determined at
a hearing to be fixed.
14. The third claimant’s claim of holiday pay succeeds against the first respondent.
Remedy will be determined at a hearing to be fixed.
15. The third claimant’s claim for a statutory redundancy payment succeeds against
the first respondent. Remedy will be determined at a hearing to be fixed.
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