Representing a client whose employment had transferred automatically under the Transfer of Undertakings (Protection of Employment) Regulations 2006 (“TUPE”) to another company. The new company raised issues over an alleged gap in the employee’s employment history. The employee provided evidence to account for the gap. The company from which he had transferred had also carried out employment checks on him which were satisfactory. The new employer nevertheless instructed the employee not to attend work and subsequently issued his P45.
Claims of unfair dismissal and unlawful race discrimination were brought on the basis that the employee was of Jamaican origin and had been treated less favourably than a comparator. A financial settlement was secured for the client before the matter reached a full Employment Tribunal Hearing.