Employment Tribunal Advice please

Mrs_Optimist

Posting for someone else, hence sketchy details.

Family member currently has a group action against two former (separate) employers for breach of TUPE regulations and unsure whether to continue or not.

He was TUPE'd to another firm who won the contract he was working on, but the winning Company went into Administration 6 weeks later. There were no 1 to 1 meetings with either his previous employers or his new employer prior to the transfer. There was one meeting with his previous employer informing him who the new employer would be and the transfer date. He had a final letter with his P45 from his old employer stating that the new employer would be adopting changes to his terms and conditions and that they would let him know what they were when they were informed but this information was not forthcoming.

SInce the new employer went into Administration the old employer were stating that liability for the breaches lay with the new employer and since they were in administration the claim for the breach should be withdrawn. The old employer also stated in their Defence that they knew the new employer wanted to adopt changes to the terms and conditions but because they did not inform the previousl employer of those, the previous employer did all they reasonaby could and could not be held liable for the shortcomings of the new employer.

My question is this, at what stage does the old employer absolve themselves of responsibility for their employees? During the transfer? After ? It should be said that they did not inform the employees of several other developments whilst the TUPE was underway, which they were aware of, these have just come to light when reading their Defence (which has a number of errors in it). The Union Solicitors handling the claim are neither use nor ornament, just asking for instructions on whether they are instructed to continue, not providing any advice.