EAT Transfer of Undertakings : Dismissal or Automatically Unfair Dismissal – Economic technical or organisational reason
The Employment Judge did not err in holding that dismissals of transferred employees for refusing to work in a different workplace following a transfer of an undertaking were not dismissals which entailed a ‘change in the workforce’ within the meaning of the unamended Transfer of Undertakings (Protection of Employment) Regulations 2006 Regulation 7(1)(b) and (2). Berriman v Delabole Slate Ltd [1985] ICR 546, Alemo-Herron v Parkwood Leisure [2013] ICR 1116 and the Collective Redundancies and Transfer of Undertakings (Protection of Employment) Regulations 2014 considered.
Slade J
[2014] UKEAT 0397 – 13 – 1605
Bailii
England and Wales
Employment
Updated: 04 December 2021; Ref: scu.526093