EAT JURISDICTIONAL POINTS – 2002 Act and pre-action requirements
STATUTORY DISCIPLINE AND GRIEVANCE PROCEDURES – Whether applicable
CONTRACT OF EMPLOYMENT
TRANSFER OF UNDERTAKINGS – Transfer
Critical issue – whether Employment Judge entitled to find that Claimant’s employment transferred from First Respondent to Second Respondent without her knowledge or consent. He was not. TUPE was not invoked by Respondents and the common law rule expressed in Nokes v Doncaster applied. Consequently Claimant entitled to bring claims against both Respondents.
Judges:
Clark J
Citations:
[2012] UKEAT 190 – 11 – 2302
Links:
Jurisdiction:
England and Wales
Employment
Updated: 13 October 2022; Ref: scu.454076
