The tribunal outlined the correct approach to article 8 of the regulations: ‘Regulation 8, however, is of significance in the present case. Regulation 8(1) provides for the case where an employee either of the transferor or the transferee is dismissed, whether before or after the date of transfer. If the reason or principal reason for the dismissal is the transfer or a reason connected with it the dismissal is deemed to be automatically unfair. Prima facie the applicants fall within this provision. It is necessary, however, to consider the terms of regulation 8(2).’
Citations:
[1985] ICR 66
Statutes:
Transfer of Undertakings (Protection of Employment) Regulations 1981 8
Jurisdiction:
England and Wales
Cited by:
Cited – Warner v Adnet Limited CA 26-Feb-1998
A dismissal of employees by administrative receivers just before the sale of a company as going concern was a redundancy outside the protection given by the TUPE provisions. ‘in view of the facts found by the tribunal about the appointment of the . .
Lists of cited by and citing cases may be incomplete.
Employment
Updated: 05 July 2022; Ref: scu.214600