Claimant v Pharma& UK Limited
Outcome
Individual claims
The claim was dismissed on two grounds: firstly, the Respondent as transferee could not be liable for the obligation to inform and consult, and could not be jointly and severally liable as the claim was not brought against the transferor; secondly, the complaint was presented out of time when it was reasonably practicable to present it in time.
The tribunal found the complaint of automatic unfair dismissal pursuant to Section 103A ERA (whistleblowing/protected disclosure) was not well-founded and dismissed it.
Facts
The claimant brought claims relating to a TUPE transfer against the transferee employer. She complained of failure to inform and consult under TUPE and automatic unfair dismissal for making protected disclosures. The case involved a business transfer where the claimant alleged the respondent failed to comply with consultation obligations.
Decision
The tribunal dismissed both claims. The TUPE consultation claim failed because the respondent as transferee had no liability for consultation obligations and because the claim was presented out of time when it was reasonably practicable to present it in time. The whistleblowing dismissal claim was found not well-founded.
Practical note
Claims for failure to inform and consult under TUPE must be brought against the correct party (usually the transferor) and within strict time limits, and transferees cannot be held liable unless the transferor is also a party to proceedings.
Legal authorities cited
Statutes
Case details
- Case number
- 2219596/2024
- Decision date
- 4 April 2025
- Hearing type
- full merits
- Hearing days
- 3
- Classification
- contested
Respondent
- Sector
- healthcare
- Represented
- Yes
- Rep type
- barrister
Claimant representation
- Represented
- No