EAT TRANSFER OF UNDERTAKINGS – Economic technical or organisational reason
The Employment Tribunal erred in law in misapplying the facts it found to the statutory regime. Had it done so without error it would have concluded that the dismissal of the Appellants was not for an ETO reason as the dismissals were not for the purpose of continuing the business but with a view to sale or liquidation. Accordingly it would have concluded that the liability for the various claims passed from the transferor to the transferee.
Judges:
Wilkie J
Citations:
[2012] UKEAT 0354 – 12 – 2011)
Links:
Jurisdiction:
England and Wales
Employment
Updated: 17 November 2022; Ref: scu.473027
