Claimant v Haringey GP Group Limited trading as Charlton House Medical Centre

This was a reconsideration hearing dealing solely with whether liability transferred under TUPE following the Sean Pong Tyres decision. The tribunal determined liability does not transfer to R1 where the alleged perpetrators' employment transferred but the claimants did not transfer. The substantive discrimination claims against R2, R3 and R4 remain to be determined.

As above, this reconsideration hearing addressed only the TUPE transfer of liability issue. The tribunal held that primary liability under the Equality Act for harassment by alleged perpetrators R2 and R4 does not transfer to R1 under TUPE regulations. The harassment claims against R2, R3 and R4 are unaffected.

This reconsideration concerned whether victimisation liability transferred under TUPE. Following Sean Pong Tyres, the tribunal held that employer's primary liability under the Equality Act arises in connection with the claimant's contract, not the perpetrator's contract, so does not transfer. R1 removed from proceedings; claims against R2, R3 and R4 continue.