Site icon swarb.co.uk

Gabriel v Peninsula Business Services Ltd and Another: EAT 23 Feb 2012

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:

Bailii

Jurisdiction:

England and Wales

Employment

Updated: 13 October 2022; Ref: scu.454076

Exit mobile version