Mrs L Brockington v Pharma& UK Ltd: 2219596/2024
JUDGMENT
[1]The complaint of failure comply with a duty to inform and consult in relation to a relevant transfer under Regulation 13 or Regulation 13A of TUPE is dismissed because:1.1 That was not a complaint for which the Respondent could be liable because the Respondent was not the party that had an obligation to inform and consult (being the transferee) and because the Respondent could not be jointly and severally liable (the complaint not having been brought against the transferor).1.2 The complaint was not in any event presented within the applicable time limit in circumstances where it was reasonably practicable to do so.[2]The complaint of automatic unfair dismissal pursuant to Section 103A ERA (protected disclosure) is not well-founded and is dismissed. 1 of 2 Case Number: 2219596/2024