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Downing (t/a Downing Private Nursing Homes) v McAllister - Res judicata [2009] EAT

Mr McAllister, a nurse, was bringing an Equal Pay claim.  Ownership of the undertaking for which he worked changed hands during the time in question. The change of ownership was arguably a TUPE transfer.  As it was not clear to Mr McAllister who he should sue, he sued both the outgoing (Downing Nursing) and incoming (Welcare Homes) owners of the business.

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