EAT TRANSFER OF UNDERTAKINGS – Consultation and other information
UNFAIR DISMISSAL – Polkey deduction
PRACTICE AND PROCEDURE – Disposal of appeal including remission
TUPE reg. 11 complaint by transferee against transferor not expressly dealt with by Employment Tribunal, but would inevitably fail on remission to ET for three separate reasons. Appellant prevented from arguing Polkey below; but no evidential basis for a Polkey deduction. Transferor correctly dismissed from proceedings once ET found, on the evidence, that a relevant transfer took place.
Dobie v Burns principle applied. Appeal dismissed.
Judges:
Peter Clark J
Citations:
[2012] UKEAT 0278 – 11 – 2706
Links:
Jurisdiction:
England and Wales
Employment
Updated: 04 November 2022; Ref: scu.463158