The High Value TUPE Claim

The High Value TUPE Claim

The scenario

 

We acted for an international manufacturing business in the automotive industry.

 

They were sued by over 30 employees supported by their trade union for various claims relating to an alleged TUPE transfer to our client. The claims were valued at between £750,000 and £1,000,000.

 

Our approach

 

We:

 

  • provided the original TUPE law advice on the alleged transfer situation in 2015. We advised it was not TUPE.
  • advised on and drafted various communications and correspondence to the other side prior to the alleged transfer date denying the application of TUPE and setting out the basis for this.
  • represented our client on the subsequent mass Tribunal claim dealing with all relevant aspects, the response, the bundle, the witness statements etc.

 

The outcome

 

Our client won. We were successful in the Manchester Employment Tribunal at a preliminary hearing in arguing this was not a TUPE transfer situation. Our client had no liability.

 

As a result of our robust advice and support and our client’s robust and steadfast approach the client was able to save significant cost and disruption in a case where it was itself already undergoing collective redundancies amongst its own workforce.

 

How we can help

 

Brachers’ employment team are able to assist with all employment related matters including the TUPE transfers and claims from employees. Please contact a member of our employment team for further advice.

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Colin Smith Partner

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