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TUPE: Discrimination claims after objecting to a transfer

03 July 2015  

The EAT has explored whether an employee who objected to a transfer could bring a claim against the transferee under the Equality Act even though she was never employed by it, explains Jeffrey Jupp

If an employee resigns before a transfer because it becomes apparent that the new employer is likely to discriminate against them, can they bring a successful discrimination claim against the transferee? This was the issue raised in the recent case of NHS Direct NHS Trust v Gunn [2015] decided by the Employment Appeal Tribunal (EAT).

Additional Info

  • Case(s) Referenced:

    NHS Direct NHS Trust v Gunn [2015] UKEAT/0128/14/BA

    Nokes v Doncaster Amalgamated Quarries Ltd [1940] AC 1014

    Oxford University v Humphreys [1999] EWCA Civ 3050