Claimant v AGI Global Logistics (GLA) Ltd
Outcome
Individual claims
The tribunal found there was a relevant TUPE transfer from the respondent to AGI Global Logistics (NCL) Ltd on 1 November 2024. Under Regulation 4(2) of TUPE, all liability for the equal pay claim transferred to the transferee. The respondent therefore had no liability and the claim against them was dismissed as it was pursued against the wrong party.
Facts
The claimant was a director of AGI Global Logistics (GLA) Ltd, part of a freight logistics group. GLA had been operating at a loss and in October 2024 a decision was made that GLA would cease trading and all activities would transfer to AGI Global Logistics (NCL) Ltd from 1 November 2024. The claimant and one other employee were to move to NCL, while two others were dismissed. Clients and suppliers were notified of the merger and all work transferred to NCL. The claimant resigned on 14 November 2024 and brought an equal pay claim against GLA.
Decision
The tribunal found there was a relevant TUPE transfer from GLA to NCL on 1 November 2024. The claimant's employment and all liabilities relating to her (including any equal pay claim) transferred to NCL by operation of TUPE Regulation 4. As the respondent GLA had no liability for the equal pay claim (either pre or post-transfer), the claim against them was dismissed.
Practical note
TUPE transfers liability for equal pay claims to the transferee regardless of when the claim arose, and claims must be brought against the correct entity post-transfer.
Legal authorities cited
Statutes
Case details
- Case number
- 8001651/2025
- Decision date
- 9 January 2026
- Hearing type
- preliminary
- Hearing days
- 2
- Classification
- contested
Respondent
- Sector
- logistics
- Represented
- Yes
- Rep type
- barrister
Employment details
- Role
- Director
Claimant representation
- Represented
- No