Bunting and Others v Hertel (Uk) Ltd: EAT 28 Jun 2001

The appellants claimed to have been unfairly dismissed. They had been owners, through a discretionary trust, of a company sold to the respondents. They claimed also to have been employees. Following the sale, they were dismissed, and they asserted this arose from a relevant transfer. They had been paid salary, but had no formal contract. No assets had been transferred to the new company, and only three employees had transferred. There had been no relevant transfer.
EAT Transfer of Undertakings – Dismissal

Judges:

Lindsay P J

Citations:

EAT/1453/99, EAT/1454/99

Statutes:

Transfer of Undertakings (Protection of Employment) Regulations 1981 (1981 No 1794) 3(1)

Jurisdiction:

England and Wales

Citing:

CitedSecretary of State for Trade and Industry v Bottrill CA 12-Feb-1999
There is no rule of law, to suggest that a sole director and owner of majority of shareholding, could not be an employee of that company, and be entitled to a redundancy payment on the liquidation of the company. ‘If the tribunal considers that the . .
Lists of cited by and citing cases may be incomplete.

Employment

Updated: 27 April 2022; Ref: scu.168258