EAT UNFAIR DISMISSAL
Automatically unfair reasons
Reinstatement/re-engagement
TRANSFER OF UNDERTAKINGS – Economic technical or organizational reason
Six months after a TUPE transfer the Respondent began a process of cost savings which included a request for voluntary redundancies and wage cuts. The Claimants were told during this that their jobs were safe. They would not sign new contracts with up to 18 per cent wage cuts and were dismissed. They then agreed new contracts and continued in employment and sued for unfair dismissal. The Employment Tribunal held the reason for the dismissals was connected with the transfer and was for an ETO but it did not entail changes in the workforce. The time for achieving reduced numbers of staff had passed by the time of these dismissals. The change was to effect harmonisation. It also found the dismissals unfair on procedural grounds. It awarded re-engagement, which was practicable. These were permissible findings and the employer’s appeals were dismissed.
Judges:
McMullen QC
Citations:
[2012] UKEAT 0642 – 11 – 0907
Links:
Jurisdiction:
England and Wales
Employment
Updated: 05 November 2022; Ref: scu.464251