Downing (t/a Downing Private Nursing Homes) v McAllister - Res judicata  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.