EAT Transfer of Undertakings – JURISDICTIONAL POINTS – Continuity of employment
The transferee employer appealed against a Decision of the Employment Tribunal (‘the ET’) that the employee’s continuity of employment was preserved by section 212(2) of the Employment Rights Act 1996, despite a transfer of the undertaking in which the employee was employed, between a transferor employer and the transferee. The issue was whether the ET had been entitled to hold, on the evidence, that the employee was employed by the transferor ‘at the time of the transfer’. The appeal was dismissed on the grounds that the ET had correctly directed itself in law and was entitled so to hold on the facts.
Elisabeth Laing DBE J
[2015] UKEAT 0024 – 15 – 1008
Bailii
Employment Rights Act 1996 212(2)
England and Wales
Employment
Updated: 03 January 2022; Ref: scu.551070
