Employment Lawyers Can Answer Your Employment Law Questions
Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today.
So just to clarify, the respondent has not provided any reason whatsoever for wanting to add your new employer?
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Many thanks for your patience. Under TUPE all accrued liabilities transfer from the old employer to the new one. This includes all accrued liabilities of the transferor, such as acts and omissions which can give rise to claims, claims for constructive dismissal, sex and race discrimination, equal pay, accrued debts owed to the employee and other tortious liability (for example, personal injury), will pass to the transferee under TUPE.
So there is a realistic possibility that the new employer would become liable for the acts of the previous employer purely because you had transferred to them under TUPE. Tis is even if they had absolutely no involvement in the issues that gave rise to the current claim. These matters should have been discussed at the pre-transfer stage between the two employers, where the outgoing one discloses all its current and ongoing liabilities and in return the new employer could have obtained indemnities as part of the transfer to ensure that the old employer remains liable for any compensation that may result out of this. However, this is something for them to do and you will not be part of any such negotiations or indemnities, so it really depends on what they knew at time of transfer and if they took out any indemnities against it.
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Oh yes you have no liability in this respect - this could have been all down to the ex employer to resolve. In effect what could happen is that if they had failed to disclose there was an ongoing claim with you and the new employer ended up with liability because of it, they could pursue the old employer for negligence or failing to make a proper disclosure. Also there would have been no obligation on you to report this to them, not unless you had been specifically asked, which does not appear to be the case. The employer cannot treat you detrimentally for having a claim in against the old employer as that would amount to victimisation
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