Sean Pong Tyres v Moore [2024]

Posted In: Case Law
  • Decision Number
    EAT 1
  • Legal Body
    Employment Appeal Tribunal (UKEAT)
  • Type of Claim / Jurisdiction
    Dismissal, Transfer Regulations (TUPE), Transfer of Undertaking (TUPE)
Issues covered: TUPE; Unfair Dismissal; Harassment

Background: 

The claimant resigned in April 2021 and subsequently brought claims for unfair dismissal and harassment which he said had been perpetrated by another employee at the company.   In January 2022 the case went to hearing and the respondent brought an application to amend its response stating that the business had been subject to a TUPE transfer along with the employment of the employee alleged to have committed the harassment.   The argument being that the liability for the claims had transferred to the new company.  

Outcome: 

At first instance, the Tribunal held that it was not for the new company to have liabilityThe EAT

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This article is correct at 08/02/2024
Disclaimer:

The information in this article is provided as part of Legal-Island's Employment Law Hub. We regret we are not able to respond to requests for specific legal or HR queries and recommend that professional advice is obtained before relying on information supplied anywhere within this article.

Jason Elliott BL
Barrister

The main content of this article was provided by Jason Elliott BL. Email jasondelliott@outlook.com

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