Unite is pursuing collective employment tribunal claims against airline catering firm Do & Co over its refusal to transfer 117 employees at London Heathrow, the union said on Tuesday, and says a further 44 workers due to move to the company by 1 September are in the same position.
The first set of claims follows Dnata’s loss of its American Airlines catering contract at Heathrow, which was taken over by Do & Co. Unite said Do & Co refused to transfer the 117 employees, more than 100 of whom were Unite members, and that those workers subsequently lost their jobs. The union said proceedings are in progress and tribunal claims are pending.
In early June, Unite said, it learned that Do & Co had won the catering contract for Air India flights operating out of Heathrow, again taking over from Dnata. Forty-four employees should transfer to Do & Co by 1 September, the majority of them Unite members, according to the union.
Unite said Do & Co has refused to engage with it on that transfer. The only correspondence received had been marked “without prejudice”, the union said, together with the position that TUPE may not apply because Do & Co considers the services provided under the contract to be different from those previously delivered by Dnata.
Under the Transfer of Undertakings (Protection of Employment) Regulations 2006, a service provision change occurs when a contract ends and is given to a new contractor, and only employees who can be clearly identified as providing the service being transferred are protected, according to government guidance on business transfers. The guidance states that the size of the business does not matter. Employers involved in a transfer are also required to inform and consult representatives of affected employees.
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