Ms R Quillen v AMD Care Company (UK) Ltd: 3308976/2022
JUDGMENT
[1]The Claimant was not employed immediately preceding the transfer from Crocus Care Limited to the Respondent, having resigned on 3 February 2022 effective on 28 February 2022.[2]Pursuant to Regulation 43 of the TUPE Regulations 2006, “An employee must be employed by the transferor [Crocus] immediately prior to the transfer in order to transfer to the transferee [the Respondent]”.[3]Therefore the claims of constructive dismissal and disability discrimination are dismissed against the Respondents.