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Employees Suspended & Dismissed after Company Takeover to Receive Damages

11 November 2011

Employees who were suspended and dismissed after a disciplinary hearing following their employer being taken over by another company to receive damages.

Our Employment Lawyers successfully represented two cleaning ladies at the Employment Tribunal who had worked in the same building for many years. The company employing them had changed ownership several times, but they had carried on with their jobs.

In July 2010, a new company took over the cleaning contract for the building. The day after the transfer, all the staff were given new cleaning rotas. Everyone objected that their workloads were being increased.

All the staff asked to see the manager, but the manager did not come in. Instead, he told one of the cleaning staff to tell the others that either they adopted the new ways of working or they would be immediately suspended.

The next morning, the Claimants were suspended along with most of the rest of the staff. There was a disciplinary hearing and they were dismissed. The dismissal was upheld on appeal despite the fact that the manager running the appeal offered to reinstate them.

The claims were for wrongful dismissal (since no notice pay had been paid) and unfair dismissal. Our Employment Lawyers also argued that our clients suffered automatic unfair dismissal under TUPE. Both Claimants refused reinstatement because of the way they had been treated.

The Claimants received damages, the sums involved were not large due to the fact that the jobs were part time and low paid, but the compensation covered approximately 12 months loss of earnings in each case and, even included compensation for wages that one of the ladies had lost by failing to attend another job while signed off sick with stress.

For assistance with an employment issue call Slater and Gordon Lawyers on freephone 0800 916 9060 or contact us online.