Mrs J Foxton v Bupa (Scotland : Breach of Contract : Transfer of Undertakings : Unlawful Deduction from Wages) [2017] UKET 4104230/2017 (31 October 2017)

Mrs J Foxton v Bupa (Scotland : Breach of Contract : Transfer of Undertakings : Unlawful Deduction from Wages) [2017] UKET 4104230/2017 (31 October 2017)

The tribunal found that the claimant's contract was breached, TUPE applied to the transfer, and there was an unlawful deduction from wages.

Citation
[2017] UKET 4104230/2017
Parties
Claimant: Mrs J Foxton; Respondent: Bupa
Jurisdiction
United Kingdom
Judgment Date
31 October 2017
Procedural Posture
Employment Tribunal / Judgment
Outcome
Claim upheld
Legal Topics
Breach of Contract, Transfer of Undertakings, Unlawful Deduction From Wages

Case Brief

Summary, issues, holding and outcome

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Parties

Mrs J Foxton

Claimant

Bupa

Respondent

Procedural Posture

Employment Tribunal / Judgment

  1. 1 Whether there was a breach of contract
  2. 2 Whether the Transfer of Undertakings (Protection of Employment) Regulations applied
  3. 3 Whether there was an unlawful deduction from wages

Ratio Decidendi

The tribunal found that the claimant's contract was breached, TUPE applied to the transfer, and there was an unlawful deduction from wages.

Court Disposition

Claim upheld

Orders

  • Respondent to pay claimant the amount unlawfully deducted from wages
  • Respondent to remedy breach of contract