María wrote:
Extract from letter to FCC re the above:

"I am writing to you because I believe FCC owes me some
compensation for delays to your services on 21 and 27 April.
I put in two claim forms on 27 April at my home station of St
Albans. I also e-mailed you about the delay on the same date.
On 17 May I received a letter from you stating that you are "unable
to compensate" me under the FCC Delay Repay Scheme. This may be
strictly speaking correct, but surely you can compensate me under
some other scheme? A scheme set up by yourselves for your customers
who are still Thameslink ticket holders, for example?
If you cannot it means two things, one, that I am being treated
differently from someone holding a season ticket issued by FCC
travelling the same route and on the same day having paid the same
price. That is, of course, called discrimination.
The other is that you as a company are almost certainly in breach
of the Transfer of Undertakings and Protection of Employment
Regulations (be that the 1981 or the 2006 regs), since it is very
likely that the transfer of the franchise from Thameslink to
yourselves was a TUPE transfer. Where TUPE applies the transferee
takes on the transferor's liabilities as well as their rights.

TUPE is concerned with *employment* rights and liabilities. The
transferee takes on the transferor's liabilities in connection with
contracts of employment. The TUPE regulations are not concerned with
*customer* contracts and associated liabilities. It may or may not be
true that FCC must abide by the conditions under which you bought a
season ticket from Thameslink, but TUPE is irrelevant to that issue.
--
Richard J.
(to e-mail me, swap uk and yon in address)