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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 47373
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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I have raised a claim against my ex employer for disability

Resolved Question:

I have raised a claim against my ex employer for disability and racial discrimination, in the month of august. they failed to answer any grievances.
I tupe over in October to a new company. now the old company says they are no longer liable as my employment has been transferred. is this the case?
Submitted: 2 years ago.
Category: Employment Law
Expert:  Ben Jones replied 2 years ago.
Ben Jones :

Hello, my name is ***** ***** it is my pleasure to assist you with your question today. have you kept evidence of the claim of the grievance you raised please.

Customer:

yes 3 letters sent,with proof of posting. i had grievance investigation meeting but they never responded.

Ben Jones :

Ok thank you leave it with me I need to look up a few things and then get my advice ready.I will post back on here when done there is no need to wait and you will receive an email when I have responded.


Ben Jones :

Sorry I forgot t ask - have you actually submitted the claims in the employment tribunal?

Customer:

acas early concilliation, i transfered on 10th october to new company. thanks

Ben Jones :

It is true that the new employer will now be liable for your claim. When you transfer under TUPE, the new company takes on all liabilities and responsibilities for the incoming employees and this will include any live court/tribunal proceedings. It does not affect your rights on claiming and you can still pursue the new employer in the same way as the old one, you just have to inform the tribunal and ACAS of the change of name of the respondent and advise them it was due to a TUPE transfer

Ben Jones :

Hope this clarifies your position? If you could please let me know that would be great, thank you

Customer:

its fine thanks

Ben Jones :

you are welcome, all the best

Customer:

it wont let me rate??????

Ben Jones :

Apologies for that, there is a bug in the system which we sometimes get and it prevents you from posting your rating. Instead, you can just type your selection on here (e.g. OK, Good, Excellent) then we will process it manually later. Thank you

Customer:

good rating

Ben Jones :

Noted, thank you

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