The Defendant has applied for summary judgment and/or a strike out of the Claimant’s claim on the basis that it has been brought against the wrong defendant
By a Claim Form sealed on 18th April 2012 the Claimant has brought a claim of breach of contract and damages for tortious conspiracy against PCT
The Claimant acknowledges (and indeed expressly pleads at paragraph 3 of the Particulars of Claim ) that on 1st May 2011 his contract of employment was transferred to The New Surgery Ltd under the Transfer of Undertakings (Protection of Employment) Regulations 2006 (“TUPE”).
Further references to the Claimant’s acceptance that a transfer took place can be found in the Particulars of Claim and in the Claimant’s claim to the Employment Tribunal .
It is therefore common ground that a relevant transfer took place. The effect of a transfer is dealt with in TUPE Regulation 4, which states that “all the transferor's rights, powers, duties and liabilities under or in connection with any such contract shall be transferred by virtue of this regulation to the transferee” and “any act or omission before the transfer is completed, of or in relation to the transferor in respect of that contract or a person assigned to that organised grouping of resources or employees, shall be deemed to have been an act or omission of or in relation to the transferee”.
Thus, any liabilities of the transferor (the Defendant) have transferred to the transferee (The New Surgeries Limited). It is therefore the case that any breach of contract or tortious conspiracy claim that would have been sustainable against the Defendant is a liability that transferred to The New Surgeries Limited.
If authority is needed that under the clear wording of Regulation 4 (above), no claim by the Claimant, arising out of the facts of his employment relationship with the Defendant, can be brought against the Defendant, it is found in Stirling District Council v Allan 
IRLR 301. At paragraphXXXXXof Session held that “there is no ambiguity” to Regulation 4, “The word 'transferred' necessarily denotes that all the transferor's liabilities, whether accrued or continuing, pass to the transferee and the transferor is no longer subject to any of them.”
The Claimant has no real prospect of succeeding on the claim or issue and/or the statement of case discloses no reasonable grounds for bringing or defending the claim.
The Defendant seeks summary judgment or the strike out of the Claimant’s statement of case.
PCT has provided witness statement from the HR saying TUPE transfer occurred. He was present in the Grivence meeting when I made it clear to the panel (documented in the report) that I will not return to work in the same surgery and also requested them to provide me with reference letters. The PCT had spent one and half years discussing options to help me return to work as a GP. Even Royal college was involved because I had raised concern about patient care and the PCT accepted I am a Whistleblower but refuse to acknowledge that I had raised concern as early as 2003.
Mid Saff Scandal would not have occurred if the PCT had listened or acted but they failed. All that they want is to prevent my concern made public. I cannot do much unless the case goes to court becuase of confidentiality.