The claimant worked for the first respondents, the Southern Cross group of care homes; however she was summarily dismissed 6 weeks before the group went into administration. At this time the claimant had an appeal against the dismissal by her employers, on the grounds of Unfair Dismissal and racial discrimination which had not yet been determined. Due to administration, the Four Seasons (the second respondents) took over the home. The claimant then made an application for the second respondents to be joint as additional respondents to her Employment Tribunal proceedings.

It was held however by the Employment tribunal that the TUPE 55 regulations did not transfer liability to the second respondents as the claimant was not employed by the first respondent immediately before the transfer. The claimant appealed against the Employment tribunals decision arguing that the decision was inconsistent with the decision of the EAT in G4S Justice Services (UK) Limited v Anstey (2006). This position put forth by the claimant would have only stood if the claimant had been reinstated.

It was finally held that her employment did not transfer to the second respondents, that there was no obligation on the second respondents despite the claimant’s argument as she was not dismissed due to the transfer nor was she employed immediately before the transfer as she was not reemployed following the appeal. Therefore the claimant’s dismissal stood at the original date of dismissal, hence there was no connection between her and the second respondents and she could not take forth a claim of Unfair Dismissal. http://www.bailii.org/uk/cases/UKEAT/2013/0432_12_1203.html