4106848/2023 and Others

Mr S Hodson and Others v Transvalair (UK) Ltd and AHK Designs Ltd

Decision date
26 Jun 2025
Published
17 Jul 2025
Country
Scotland
Source
GOV.UK ↗
Breach of Contract Transfer of Undertakings Unfair Dismissal

Judgment · 21 pages · 81 indexed sections

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EMPLOYMENT TRIBUNALS (SCOTLAND) Case No: 4106848/2023 5 Held in Glasgow on 17, 19 & 20 June 2025 Employment Judge L Doherty Mr S Hodson& others as per attached schedule Claimant 10 Transvalair (UK) Limited First Respondent 15 Represented by: Mr G Ridgeway - Counsel 20 AHK Designs Limited Second Respondent Represented by: Mr R Bradley Counsel 25
JUDGMENT OF THE EMPLOYMENT TRIBUNAL The Judgment of the Tribunal is that there was no relevant transfer under Regulation 3 (1) (a) or 3 (1) (b) of the Transfer of Undertakings (Protection of Employment) 30 Regulations 2006 (TUPE).
REASONS
1. This was a multiple claim brought under a number of jurisdictions following the termination of the claimant’s employment. There is an issue as to whether the claimant’s employment was subject to a transfer under the Transfer of 35 Undertakings (Protection of Employment) Regulations 2006 (TUPE) between the first and second respondent. This Preliminary Hearing (PH) was fixed to determine that ...
2. The first respondent was represented by Mr Ridgeway and the second respondents by Mr Bradley, both counsel. A number of claimants attended by Cloud Video Platform (CVP), it having been agreed in advance that the claimants would not give evidence. It had also been agreed in advance of 5 the PH that the claimants would not require to cross examine the witnesses, however the claimants in attend...

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