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This article was published on December 9th, 2015
An employee of a training company, who help people get back to work or improve their employment skills, has made a claim against her employer for unfair dismissal. This is a complicated case as the worker was employed by a training company who run apprenticeship courses as a subcontractor for a Chamber of Commerce.
The Chamber, withdrew the contract after the training company ran into financial difficulties and under TUPE (Transfer of Undertakings – Protection of Employment) she would have her job transferred to the Chamber Training but this did not happen.
The employee suddenly found herself out of work with neither company taking responsibility for her dismissal and so she took her case to a tribunal for unfair dismissal and to claim for a redundancy entitlement, holiday pay and breach of contract.
The tribunal judge decided that Tupe was only applicable to her training company employer and not to the Chamber.
He said: “The claimant was caught in the middle of two companies with limited information.
He ruled that she was entitled to claim:
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