EAT TRANSFER OF UNDERTAKINGS – Economic technical or organizational reason
Reg 7 of TUPE – whether dismissal for a reason connected with the transfer that is not an ETO reason entailing changes in the workforce.
Tribunal correct to follow and apply Harrison Bowden v Bowden [1994] ICR 186 in preference to Ibex Trading v Walton [1994] ICR 907 – see Morris v John Grose [1998] ICR 655 and CAB Automotive Ltd v Blake and anr [2007] UKEAT/0298/07. Amicus and anr v Dymanex Friction [1999] ICR 511 discussed.
Tribunal’s finding as to administrator’s reason for dismissing Claimant not perverse or insufficiently reasoned.
Tribunal’s approach to ‘ETO reason entailing changes in workforce’ flawed; but Tribunal’s decision plainly right, given its findings as to the reason, in the light of Berriman v Delabole Slate Ltd [1985] ICR 546 and Whitehouse v Chas A Blatchford and Sons Ltd [1999] IRLR 492.
Judges:
Richardson J
Citations:
[2011] UKEAT 0339 – 10 – 0102
Links:
Jurisdiction:
England and Wales
Employment
Updated: 06 September 2022; Ref: scu.431869