Winckworth Sherwood

UK 200 2014 position: 81

Pre-TUPE transfer dismissal where an appeal is pending

In Bangura v Southern Cross Healthcare Group plc & Four Seasons Healthcare, Ms Bangura was summarily dismissed on grounds of misconduct by Southern Cross Healthcare about six weeks before the care home at which she worked was transferred to Four Seasons Healthcare. Had she been employed at the time of the transfer, her employment would have been transferred to Four Seasons under the TUPE Regulations. At the time of the transfer she had an appeal pending against her dismissal, but it had not by then been determined by Southern Cross (and it was never in fact determined by Southern Cross).

Ms Bangura brought a claim for unfair dismissal in the Employment Tribunal (ET) and sought to join Four Seasons as a respondent to the claim. The ET refused permission to join Four Seasons on the basis that Ms Bangura was not employed by Southern Cross immediately before the transfer and therefore her employment did not transfer to Four Seasons under TUPE and Four Seasons was not her employer (and therefore not a correct respondent to her claim of unfair dismissal)…

If you are registered and logged in to the site, click on the link below to read the rest of the Winckworth Sherwood briefing. If not, please register or sign in with your details below.

Sign in or Register to continue reading this article

Sign in


It's quick, easy and free!

It takes just 5 minutes to register. Answer a few simple questions and once completed you’ll have instant access.

Register now

Why register to The Lawyer


Industry insight

In-depth, expert analysis into the stories behind the headlines from our leading team of journalists.


Market intelligence

Identify the major players and business opportunities within a particular region through our series of free, special reports.


Email newsletters

Receive your pick of The Lawyer's daily and weekly email newsletters, tailored by practice area, region and job function.

More relevant to you

To continue providing the best analysis, insight and news across the legal market we are collecting some information about who you are, what you do and where you work to improve The Lawyer and make it more relevant to you.


Minerva House
5 Montague Close

Turnover (£m): 30.48
No. of lawyers: 117