EAT Transfer of Undertakings – Dismissal – Economic technical or organizational reason
Practice and Procedure – Postponement
Race Discrimination – Comparison – Injury to Feelings
Claims for unfair dismissal and race discrimination by executive dismissed four months before transfer of undertaking – Tribunal held dismissal to be in anticipation of transfer and not for an ETO reason, and thus held transferee liable both for automatic unfair dismissal and for transferor’s pre-transfer discrimination – Preliminary issue on appeal as to whether transferor had locus to appeal, notwithstanding that transferee was the person found liable: held that it had, since if the appeal on the TUPE issues succeeded liability would revert to the transferor – Substantive issues on (a) whether Tribunal right to refuse an adjournment when employer’s principal witness taken ill and (b) on details of Tribunal’s reasoning on TUPE and discrimination issues – Appeal dismissed – Employee’s appeal on quantum (inc. refusal of claim for aggravated damages) also dismissed
Judges:
Underhill J
Citations:
[2007] UKEAT 0466 – 06 – 2008
Links:
Employment, Damages
Updated: 12 July 2022; Ref: scu.259414