Where a receiver of a company dismissed the employees and then transferred the business to a purchaser, that amounted to an unfair dismissal because it was a TUPE transfer, even though the manufacturing base also moved. The company was liable to the employees. Neither whether there was an economic technical or organisational reason nor the unfairness of the dismissal arose.
EAT Transfer of Undertakings – Transfer
Judges:
The Honourable Mr Justice Morison (President)
Citations:
Gazette 03-Feb-2000, [2000] IRLR 10, EAT/1379/97, [1999] UKEAT 1379 – 97 – 1110, EAT/939/98, [2000] ICR 556
Links:
Statutes:
Transfer of Undertakings (Protection of Employment) Regulations 1981 (1981 No 1794), Trade Union and Labour Relations (Consolidation) Act 1992 188
Jurisdiction:
England and Wales
Cited by:
Cited – Heald Nickinson Solicitors v Summers and others EAT 21-May-2002
The firm of solicitors appealed an order in which they had been substituted as defendants to a claim for unfair dismissal. They said they had been given no opportunity to object. They had taken over part of a firm which had got into difficulties and . .
Cited – Alamo Group (Europe) Ltd v Tucker and Another EAT 24-Feb-2003
The tribunal was asked whether Regulation 5 of the 1981 Regulations have the effect of transferring to the transferee the duties and liabilities imposed on the employer under Regulations 10 and 11? The Respondent (Alamo) appeals from the decision . .
Not Followed – Transport and General Workers Union v James Mckinnon, J R (Haulage) Ltd, John Maitland and Sons, Bibby Distribution Services EAT 29-May-2001
EAT Transfer of Undertakings – Transfer. . .
Lists of cited by and citing cases may be incomplete.
Employment, Insolvency
Updated: 16 September 2022; Ref: scu.171701
