Claimant v Ecoserv FM Group Limited
Outcome
Individual claims
Claimant reached a settlement agreement with the Second Respondent (The Tillian Partnership), who became liable for the claim under TUPE regulations. The claim was dismissed against all respondents following settlement.
Facts
The Claimant was employed as a cleaner from June 2021 and brought a pregnancy discrimination claim against her original employer. She TUPE transferred twice: first to Atlas Cleaning Ltd on 1 January 2024, then to The Tillian Partnership on 14 March 2024. The original employer (Ecoserv FM Group Limited) subsequently entered administration. The Claimant reached a settlement agreement with The Tillian Partnership.
Decision
The tribunal dismissed the claim against all three respondents. The tribunal explained that under TUPE regulations, all liability had transferred to the Second Respondent, and following the Claimant's settlement with them, there was no remaining claim. The First Respondent was also in administration, creating an automatic stay on proceedings.
Practical note
When employees TUPE transfer, all employment liabilities transfer to the new employer under regulation 4(2), meaning claims must be settled with the current employer who has inherited the liability.
Legal authorities cited
Statutes
Case details
- Case number
- 3310831/2023
- Decision date
- 30 September 2025
- Hearing type
- dismissal on withdrawal
- Hearing days
- 1
- Classification
- procedural
Respondent
- Sector
- professional services
- Represented
- No
Employment details
- Role
- cleaner
Claimant representation
- Represented
- No