Sean Pong Tyres v Moore 
Decision NumberEAT 1
Legal BodyEmployment Appeal Tribunal (UKEAT)
Type of Claim / JurisdictionDismissal, Transfer Regulations (TUPE), Transfer of Undertaking (TUPE)
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.
At first instance, the Tribunal held that it was not for the new company to have liability. The EAT
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