bal_parallelEAT2012
EAT Practice and Procedure : Review
After a default judgment new material came to light of a TUPE transfer. The Employment Judge refused to review the judgment. This was an error as it plainly affected the forward losses she had awarded to the Claimant, which had been capped at the date of what was said to be an administration. Once the administrators transferred the business, logically his contract would not have terminated but been transferred. This new evidence was admitted at the EAT, the review conducted and the case remitted to the same Employment Judge for fresh assessment of compensation.
McMullen QC
[2012] UKEAT 0215 – 12 – 2510
Bailii
England and Wales
Employment, Insolvency
Updated: 09 November 2021; Ref: scu.468949