Ms V Gilbert v Court Enforcement Specialist Ltd (England and Wales : Unfair Dismissal) -[2021] UKET 2405369/2020- (2 March 2021)

BAILII

Automated Summary

Key Facts

The claimant, Ms V Gilbert, had her employment transfer to the respondent, Court Enforcement Specialist Limited, under the Transfer of Undertakings (Protection of Employment) Regulations 2006. Her continuous service spanned from 26 February 2018 to 24 March 2020. The tribunal ruled she is entitled to pursue an unfair dismissal claim. The preliminary hearing was held on 1 and 2 March 2021 in Liverpool by CVP before Employment Judge Benson. The judgment was delivered orally, with written reasons available only upon request by either party within 14 days of the decision being sent.

Issues

  • The claimant's employment transferred to the respondent under the Transfer of Undertakings (Protection of Employment) Regulations 2006, establishing continuous service from 26 February 2018 to 24 March 2020.
  • The claimant is entitled to bring a claim of unfair dismissal, as determined by Employment Judge Benson in the judgment dated 2 March 2021.

Holdings

  • The claimant is entitled to bring the claim of unfair dismissal.
  • The claimant's employment transferred to the respondent by reason of the Transfer of Undertakings (Protection of Employment) Regulations 2006 such that her service was continuous from 26 February 2018 to 24 March 2020.

Legal Principles

The claimant's employment transferred to the respondent under the Transfer of Undertakings (Protection of Employment) Regulations 2006, establishing continuous service from 26 February 2018 to 24 March 2020.

Cited Statute

Transfer of Undertakings (Protection of Employment) Regulations 2006

Judge Name

Benson

Passage Text

  • The claimant is entitled to bring the claim of unfair dismissal.
  • The claimant's employment transferred to the respondent by reason of the Transfer of Undertakings (Protection of Employment) Regulations 2006 such that her service was continuous from 26 February 2018 to 24 March 2020.