EAT Unfair Dismissal – Compensation
Appellant was employed by Respondent’s predecessor but dismissed for redundancy. Respondent took over the predecessor’s (insolvent) business. DTI accepted Appellant’s dismissed not connected to transfer and paid Appellant’s notice pay and redundancy pay. Respondent then re-employed Appellant and agreed to treat her as if her employment was continuous. ET held no TUPE as far as Appellant was concerned (unlike those who had not been dismissed before the advent of Respondent), and when Respondent unfairly dismissed Appellant, her basic award should be calculated by reference to her employment only with the Appellant.
Held: no error of law.
Judges:
Reid QC J
Citations:
[2006] UKEAT 0120 – 06 – 0706, UKEAT/0120/06
Links:
Jurisdiction:
England and Wales
Employment
Updated: 21 July 2022; Ref: scu.243053