Transfer of Undertakings – Transfer
C was employed by R1 but dismissed in contemplation of a transfer of its business to R2. He was awarded compensation for unfair dismissal and discrimination on the grounds of race in a claim against R1 and R2, R2 being liable by virtue of a TUPE transfer. C was never in the actual employment of R2.
During the course of a remedies hearing R1 offered to provide an open reference. A reference to C’s satisfaction was not supplied and C brought proceedings alleging, inter alia that this constituted victimisation by R1 and R2. The EAT upheld the decision of the ET striking out the claim against R2 because [1] he had never sought a reference from R2 and [2] in any event R2 could not be liable under TUPE for the failure of R1 to provide a reference because the transfer had occurred prior to the alleged act of victimisation and liability did not pass to R2 in respect of the alleged post transfer statutory tort of victimisation.
Citations:
[2007] UKEAT 0469 – 07 – 3110
Links:
Jurisdiction:
England and Wales
Employment
Updated: 21 July 2022; Ref: scu.263979