Ms K Blofield v Ecoserv FM Group Ltd and Others: 3310831/2023
JUDGMENT
The claim is dismissed against all three Respondents; the Claimant having reached settlement with the Second Respondent.REASONS
[1]The Claimant was employed as a cleaner by the First Respondent from 7 June 2021.[2]She complained of pregnancy discrimination between 25 February 2023 and 10 July 2023 and a claim form was issued on 5 September 2023 against the First Respondent.[3]On 1 January 2024 the Claimant TUPE transferred from the First Respondent to the Third Respondent and on 14 March 2024 she TUPE transferred again from the Third Respondent to the Second Respondent. 1 of 2 Case Number: 3310831/2023[4]At a Preliminary Hearing of 1 July 2024, the Second Respondent was added as a respondent to the claim and at a further Preliminary Hearing of 19 May 2025 the Third Respondent was added as a respondent to the claim.[5]On 22 September 2025 the Claimant informed the Tribunal that she had reached a settlement agreement with the Second Respondent and asked for her claim against them to be dismissed.[6]At the hearing today it was explained to the Claimant that pursuant to regulation 4(2) of the TUPE Regulations any liability arising from her employment with the First Respondent had transferred to the Second Respondent, who remains her employer, and that she has no separate claim against either the First or Third Respondent.[7]Further, and in any event, an enquiry of Companies House showed that the First Respondent is now in administration (which means there would be an automatic stay on proceedings being brought or continued against it pursuant to Schedule B1 paragraph 43(6) of the Insolvency Act 1986).[8]Accordingly, since the Claimant has reached a settlement agreement with the Second Respondent the claim fell to be dismissed against all three Respondents. Approved By: