Claimant v FirstPort Property Services Limited
Outcome
Individual claims
Tribunal determined that the claimant's employment transferred from R1 to R2 under TUPE on 31 May 2025. The claims against R1 were dismissed by agreement as the employment transferred, with the claims proceeding against R2 as the new employer.
Tribunal determined that the claimant's employment transferred from R1 to R2 under TUPE on 31 May 2025. The claims against R1 were dismissed by agreement as the employment transferred, with the claims proceeding against R2 as the new employer.
Tribunal determined that the claimant's employment transferred from R1 to R2 under TUPE on 31 May 2025. The claims against R1 were dismissed by agreement as the employment transferred, with the claims proceeding against R2 as the new employer.
Tribunal determined that the claimant's employment transferred from R1 to R2 under TUPE on 31 May 2025. The claims against R1 were dismissed by agreement as the employment transferred, with the claims proceeding against R2 as the new employer.
Tribunal determined that the claimant's employment transferred from R1 to R2 under TUPE on 31 May 2025. The claims against R1 were dismissed by agreement as the employment transferred, with the claims proceeding against R2 as the new employer.
Facts
Ms Graca brought claims of unfair dismissal, race discrimination, disability discrimination, discrimination arising from disability and wrongful dismissal against FirstPort Property Services Limited. A preliminary hearing was held to determine whether her employment had transferred from FirstPort to Mount Haviland Limited under TUPE on 31 May 2025.
Decision
The tribunal found that the claimant's employment transferred from R1 to R2 on 31 May 2025 under TUPE Regulation 3(1)(b)(ii). By agreement of the parties, the claims against R1 were dismissed and the claims now proceed against R2 as the transferee employer.
Practical note
This is a preliminary procedural judgment determining which respondent should be the proper party to claims following a TUPE transfer, with liability transferring from the old to the new employer.
Legal authorities cited
Statutes
Case details
- Case number
- 1402675/2024
- Decision date
- 6 November 2025
- Hearing type
- preliminary
- Hearing days
- 3
- Classification
- contested
Respondent
- Sector
- real estate
- Represented
- Yes
- Rep type
- barrister
Claimant representation
- Represented
- No