Mrs G Jones and Mrs S Hunt v Nestor Primecare Services Limited In Administration and Others: 1402744/2019
JUDGMENT
[1]The Claimants’ claims for redundancy pay are well founded and succeed.[2]There was a service provision change within the meaning of Regulation 3(b)(ii) TUPE 2006 from the First to the Second Respondent on 1 December 2018. The First Respondent provided a service to Somerset County Council, namely the provision of supported residential care for the elderly and others and residential premises owned by the County Council. The activities which were undertaken in the service were the provision of on-site care between 10pm and 7 am, and 24 hour incident emergency cover. The claimants were part of an organized grouping of employees which undertook that activity, namely the Extra Care Core Staff.[3]Liability for the claimants’ redundancy pay transferred from the First to the Second Respondent pursuant to Regulation 4 TUPE 2006. Case No: 1402744/2019 1402745/2019[4]The Second Respondent is Ordered to pay the Claimants the following sums by way of redundancy pay: Mrs G Jones £3,818.50 Mrs S Hunt £12,840.00