The tribunal was asked whether Regulation 5 of the 1981 Regulations have the effect of transferring to the transferee the duties and liabilities imposed on the employer under Regulations 10 and 11? The Respondent (Alamo) appeals from the decision that Regulation 5 rendered them, as transferees, liable for the default of the transferor.
Judges:
Altman HHJ
Citations:
[2003] UKEAT 994 – 01 – 2402, [2003] ICR 829, [2003] IRLR 266
Links:
Statutes:
Transfer of Undertakings (Protection of Employment) Regulations 1981 5
Jurisdiction:
England and Wales
Citing:
Cited – Kerry Foods Ltd v A Creber and others EAT 11-Oct-1999
Where a receiver of a company dismissed the employees and then transferred the business to a purchaser, that amounted to an unfair dismissal because it was a TUPE transfer, even though the manufacturing base also moved. The company was liable to the . .
Cited – Transport and General Workers Union v James Mckinnon, J R (Haulage) Ltd, John Maitland and Sons, Bibby Distribution Services EAT 29-May-2001
EAT Transfer of Undertakings – Transfer. . .
Lists of cited by and citing cases may be incomplete.
Employment
Updated: 08 June 2022; Ref: scu.191330