Bangura v Southern Cross Healthcare Group Plc & Anor [2013] UKEAT 0432_12_1203

The claimant worked for the first respondents, the Southern Cross group of care homes; however she was summarily dismissed 6 weeks before the group went into administration. At this time the claimant had an appeal against the dismissal by her employers, on the grounds of Unfair Dismissal and racial discrimination which had not yet been determined. Due to administration, the Four Seasons (the second respondents) took over the home. The claimant then made an application for the second respondents to be joint as additional respondents to her Employment Tribunal proceedings.

It was held however by the Employment tribunal that the TUPE 55 regulations did not transfer liability to the second