Mr E McEvoy and others v Matthew Clark Bibendum Ltd and C & C Holdings (NI) Ltd: 1403091/2018 and others

EMPLOYMENT TRIBUNALS
Case No 1403091/2018, 1402989/2018, 1403060/2018
Mr E McEvoy and othersClaimantMatthew Clark Bibendum Ltd and C & C Holdings (NI) LtdRespondent
Employment Judge LiveseyIn person for claimantMr Kirk (instructed by counsel) for respondentDate 26 July 2019

JUDGMENT

The claims against the Second Respondent are dismissed upon withdrawal. _____________________________ Employment Judge Livesey Date_1 February 2019 _________ JUDGMENT SENT TO THE PARTIES ON 6 February 2019 FOR THE TRIBUNAL OFFICE Case Nos: 1402989/2018 1403060/2018 1403091/2018 10.2 Judgment - rule 61 EMPLOYMENT TRIBUNALS Claimants:(1) Mr D Slater(2) Mr W Towers(3) Mr E McEvoy Respondent: Matthew Clark Bibendum Limited Heard at: Bristol On: 23, 24, 25 and 26 July 2019 Before: Employment Judge Livesey Representation Claimants: In person Respondent: Mr Kirk, counsel JUDGMENT[1]The preliminary issues identified within the Case Management Summary of 1 February 2019 are determined as follows;(i) The Claimants were each employed by Conviviality plc;(ii) The Third Claimant did not have sufficient service in order to bring a claim of unfair dismissal. His employment did not transfer from Conviviality plc to Conviviality Group Ltd in or about October 2017 under TUPE and there was no other means by which sufficient service might have been calculated.[2]Upon those findings having been made, the Claimants withdrew their claims and they are dismissed.