Coutinho v. Vision Information Services (UK) Ltd & Anor - Liability for post-transfer victimisation by transferor of business does not pass under TUPE to transferee [2007] EAT

This appeal is part of a long running litigation against the background of a TUPE transfer between Vision and Rank (see Vision v Coutinho). An employment tribunal held Mr Coutinho suffered race discrimination and was unfairly dismissed (due to TUPE) in 2004. In 2005 he sought a reference from the transferor Vision. When this was not forthcoming he claimed that this was victimisation - for which Rank, the transferor, should be liable. A chairman dismissed the claim. Mr Coutinho appealed.

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