EAT TRANSFER OF UNDERTAKINGS – Transfer
The Claimant was summarily dismissed on grounds of misconduct about 6 weeks before the care home at which she worked was transferred to the Second Respondent. At that time she had an appeal pending against her dismissal but it had not by then (or at any time since then) been determined by the First Respondent. The Employment Tribunal held that the TUPE Regulations did not transfer liability to the Second Respondent since the Claimant was not employed by the First Respondent immediately before the transfer. The Claimant appealed on the ground that this was inconsistent with the decision of the EAT in G4S v Anstey (2006).
Held there was no inconsistency between the decision of the ET and the decision of the EAT in G4S, since in that case, the appeal to the transferor had eventually been successful. In the absence of such a successful appeal, the normal principle applies, namely that a summary dismissal takes effect immediately and terminates the employment at that time.
Singh J
[2013] UKEAT 0432 – 12 – 1203
Bailii
England and Wales
Citing:
Cited – G4S Justice Services (UK) Ltd v Anstey and others EAT 30-Mar-2006
EAT Transfer of Undertakings: Transfer and Continuity of Employment
Relevant transfer under TUPE – employees dismissed for misconduct with internal appeals pending at date of transfer. Appeals heard by . .
Lists of cited by and citing cases may be incomplete.
Updated: 30 October 2021; Ref: scu.509320
