Mrs Susan Whyte v AGI Global Logistics Ltd — 2026

The claimant brought an equal pay claim against AGI Global Logistics (GLA) Ltd. The respondent argued that there had been a relevant transfer of the Glasgow business to AGI Global Logistics (NCL) Ltd on 1 November 2024, with the consequence that any pre-transfer liability had transferred and the claim against GLA was out of time and/or directed against the wrong respondent. The claimant disputed that there had been a relevant transfer.

The tribunal accepted the respondent's evidence and documents that GLA was an identifiable economic entity carrying on a freight brokerage business in Scotland, that the same work continued after 1 November 2024, and that NCL took over the business and continued servicing the same customers. It found that the remaining staff, including the claimant and Mr McLeish, transferred to NCL, that the claimant was told she was joining NCL, that she was issued with a new director's service agreement with NCL, and that office equipment also transferred. The tribunal rejected the claimant's submission that she remained with GLA to carry out a sales role.

Applying TUPE regulation 3 and regulation 4, and the authorities it cited on relevant transfers, the tribunal held that there had been a relevant transfer from GLA to NCL on 1 November 2024. It held that the claimant's employment transferred to NCL by operation of regulation 4(1), and that any liability of GLA in respect of the claimant, including any equal pay liability, transferred to NCL under regulation 4(2). The tribunal also noted that the fact the claimant remained a director on Companies House did not prevent her employee status from transferring.

Because the respondent no longer had liability for any equal pay claim, the tribunal dismissed the claim against GLA. It also noted that any equal pay liability for the post-transfer period would lie with NCL, which was not a respondent in these proceedings.