EAT Transfer of Undertakings : Dismissal or Automatically Unfair Dismissal – The majority Employment Tribunal inconsistently decided the dismissal of the Claimants was in order to harmonise conditions and as a consequence productivity was improved, and at the same time decided the move for productivity had been instituted prior to and not connected with the transfer in respect of the transferee’s existing workforce. The Employment Judge’s minority reasons did not make that error. Appeal allowed and case remitted to a different Employment Tribunal.
Judges:
McMullen QC J
Citations:
[2011] UKEAT 0200 – 11 – 2109
Links:
Jurisdiction:
England and Wales
Employment
Updated: 25 September 2022; Ref: scu.447625