EAT Transfer of Undertakings : Dismissal or Automatically Unfair Dismissal
Pensions and other terms
On a service provision change to which TUPE applied, the Employment Tribunal found, following a correct self direction on the law, the reason for the dismissal of the transferor’s staff was redundancy and the transferee was liable. This finding of fact would not be disturbed. It was entitled to award compensation to include loss of pension since it heard evidence that incoming employees’ benefits were customarily honoured (Regulation 10 otherwise excluding automatic transfer).
Judges:
McMullen QC J
Citations:
[2012] UKEAT 0282 – 12 – 2709
Links:
Jurisdiction:
England and Wales
Employment
Updated: 09 November 2022; Ref: scu.466334