Following a five day hearing, we persuaded an employment tribunal that TUPE applied so that four former employees of our client should have transferred to a new contractor. Not content with that, the new contractor appealed to the Employment Appeal Tribunal who confirmed the original judgement that TUPE applied.
The Judge noted that it has taken two and a half years since the contract changed hands for the case to reach this stage and the employees have not received their redundancy payments or any other payments. He remarked that some form of speedy dispute resolution at the time of a disputed TUPE transfer would be highly desirable so that employees are not left in limbo. If such a system existed, new contractors would be forced to accept the staff transferring to them if TUPE applied and, if it did not apply, the old contractor would make the necessary redundancy payments.
Sadly, there is no sign of the government adopting such a scheme which, at the present time, is understandable since TUPE itself could be abolished in the UK as a result of Brexit