LOM Management Ltd v Sweeny (Transfer of Undertakings)

This is an appeal by the tenant of a public house in Glasgow from a judgment of the Employment Tribunal sitting in Glasgow, Employment Judge Muriel Robison, holding that the Claimant was unfairly dismissed and awarding compensation of �3,360.

We will, for convenience, continue to refer to parties as Claimant and Respondents.

The Claimant was represented by Mr A C Macmillan, solicitor, before the Tribunal but there was no appearance by or on her behalf, before us. The Respondents were neither present nor represented before the Tribunal but were represented by Mr O�Malley, director, before us.

The issue for the Tribunal was whether or not the Claimant had been dismissed by reason of a business transfer to which the Transfer of Undertakings (Protection of Employment) Regulations 2006 (�TUPE�) applied, so as to render the dismissal unfair.

The relevant facts, as found by the Tribunal were as follows.� The Claimant�s father became the tenant of premises in Hope Street, Glasgow in December 2005, from which he and his wife together traded as �MacConnell�s Bar�.� The premises were and are owned by a brewery. The Claimant, who was a student, was an employee of her parents. Her role was that of Duty Manager, working 20 hours per week.