Former prospect training worker entitled to £20k compensation after TUPE errors

A former student training worker is claiming compensation of £20,000 after she suddenly became unemployed.

Functional skills co-ordinator Barbara Cleminson was employed by Prospect Training to run apprenticeship courses for Chamber Training that was owned by Hull and Humber Chamber of Commerce.

After Prospect faced financial difficulties they entered a voluntary arrangement, Chamber withdrew their contract.

Prospect boss Noel Johnson told Mrs Cleminson, that under Transfer of Undertakings (Protection of employment) Regulations 2006, known as Tupe, she would be transferred to Chamber Training.

However, Mrs Cleminson found that when she reported for work in April 13, Prospect neglected to provide enough details to judge if Tupe applied.

Mrs Cleminson was found unemployed, with neither company accepting responsibility for her employment. At a tribunal in Wilberforce Court, Mrs Cleminson claimed compensation against both companies for unfair dismissal, as well as redundancy entitlement, holiday pay and breach of contact.

At the tribunal it was heard that in Prospect’s absence, Mrs Cleminson’s work was not exclusively on Chamber’s contract, leaving only Prospects liable to pay compensation.

Employment Judge Neil Maidment determined Tupe was not applicable to Chamber and stated: “The claimant was caught in the middle of two companies with limited information.

“Her claims in this case are against and only against Prospect.”

He added that Mrs Cleminson was entitled to claim £7,980 in redundancy entitlement, 12 weeks’ notice pay of £3,015.14, £6,541 of the loss of statutory rights and £266 in four days holiday.

Posted on December 7th, 2015 in Employment

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