European Living Retail Ltd (in Administration) and Others

Case Summary

A consolidated set of six claims concerning whether relevant transfers occurred under TUPE when European Living Retail Limited transferred its Edinburgh and Glasgow store operations to two other entities. The tribunal found that there were relevant transfers under regulation 3(1)(a) of TUPE from the first respondent to the second respondent (Edinburgh store) and the third respondent (Glasgow store), each occurring on 1 November 2024.

The tribunal found that the transfers of the Edinburgh and Glasgow store operations from the first respondent to the second and third respondents respectively constituted relevant transfers under TUPE regulation 3(1)(a) as there was a transfer of the undertaking or part of an undertaking, with the transferees taking on the operation of the stores and engaging employees.

• •Whether relevant transfers occurred under TUPE Regulations 2006 regulation 3(1)(a)
• •Whether first respondent was a transferor and second and third respondents were transferees
• •Date(s) on which any transfers occurred
• •Application of TUPE to business transfer of retail furniture design and installation operations

EMPLOYMENT TRIBUNALS (SCOTLAND) Case No: 4100395/2025 & others as per multiple ref 4100894 Held in Glasgow via Cloud Video Platform (CVP on 26 and 27 February 2026 Employment Judge Campbell Mr Maariya Mohammed & 6 others Claimants Represented by: Mr P Kissen - Solicitor Ms Serena Weir Seventh Claimant Represented by: Mr N McDougall – Counsel Mr Kirsty Robertson & 3 others Other Claimants In Person European Living Retail Limited (in Administration) First Respondent No appearance and No representation European Living Design Limited Second Respondent Represented by: Mr G Millar - Solicitor European Living Interiors Ltd Third Respondent Represented by: Mr G Millar - Solicitor Secretary of State for Business and Trade Fourth Respondent Represented by: Mr P Soni - In House Representative 4100395/2025& othersPage2 JUDGMENT OF THE EMPLOYMENT TRIBUNAL 1.There were relevant transfers under regulation 3(1)(a) of the Transfer of Undertakings (Protection of Employment) Regulations 2006 as follows: a.From the first respondent, in respect of the activities of its Edinburgh store, to the second respondent, and b.from the first respondent, in respect of the activities of its Glasgow store, to the third respondent; and 2.Each relevant transfer occurred on 1 November 2024. REASONS Background 1.This is a consolidated set of six claims against four parties. The first respondent employed each claimant up until 31 October 2024. The claimants alleged that it was a transferor in a relevant transfer under regulatio…