Mr N Asokkumar and Mr P Bungsraz v OCS Group UK Ltd: 2207432/2021 and 2207433/2021

EMPLOYMENT TRIBUNALS
Case No 2207432/2021, 2207433/2021
(1) MR N ASOKKUMAR (2) MR P BUNGSRAZClaimantOCS GROUP UK LIMITEDRespondent
Employment Judge KlimovDate 20 May 2022

JUDGMENT

The claimants’ allegations that there was a failure relating to the election of employee representatives under Regulation 14 of the Transfer of Undertakings (Protection of Employment) Regulations 2006 (“TUPE”) are struck out.

REASONS

[1]At the preliminary hearing on 25 April 2022, EJ Klimov decided that the claimants’ allegations that there was a failure relating to the election of employee representatives under Regulation 14 of the Transfer of Undertakings (Protection of Employment) Regulations 2006 (“TUPE”) have little reasonable prospect of success.[2]The claimants were ordered to pay a deposit of £200 not later than 21 days from the date the Deposit Order was sent to the parties as a condition of being permitted to continue to advance those allegations.[3]The Order was sent to the parties on 26 April 2021.[4]The claimants have failed to pay the deposit. The allegations are therefore struck out under rule 39(4) of the Employment Tribunals Rules of Procedure 2013.