A dismissal of employees by administrative receivers just before the sale of a company as going concern was a redundancy outside the protection given by the TUPE provisions. ‘in view of the facts found by the tribunal about the appointment of the receivers, the dire financial straits in which Microsystems found itself and the urgent need to find a purchaser for this undertaking as a going concern, the requirement of consultation normally applicable did not apply. The Industrial Tribunal were entitled to find that there was a fair dismissal, despite the absence of consultation. Consultation could not have made any difference to the decision to dismiss.’
Judges:
Lord Justice Henry Lord Justice Potter And Lord Justice Mummery
Citations:
Times 12-Mar-1998, [1998] EWCA Civ 357
Statutes:
Transfer of Undertakings (Protection of Employment) Regulations 1981 (1981 No 1794)
Jurisdiction:
England and Wales
Citing:
Cited – Anderson v Dalkeith Engineering Ltd EAT 1985
The tribunal outlined the correct approach to article 8 of the regulations: ‘Regulation 8, however, is of significance in the present case. Regulation 8(1) provides for the case where an employee either of the transferor or the transferee is . .
Cited – Wheeler v Patel EAT 1987
The tribunal reviewed cases under the TUPE regulations. Having found: ‘There is no doubt that the transfer of the business from Mr Golding to Mr Patel was the reason, or was connected with the reason, for the employee’s dismissal. So the case prima . .
Cited – Litster and Others v Forth Dry Dock and Engineering Co Ltd HL 16-Mar-1989
The twelve applicants had been unfairly dismissed by the transferor immediately before the transfer, and for a reason connected with the transfer under section 8(1). The question was whether the liability for unfair dismissal compensation . .
Cited – Duffy v Yeomans and Partners Ltd EAT 7-Apr-1993
. .
Cited – Duffy v Yeoman and Partners Ltd CA 15-Jul-1994
Redundancy decision without consultation where ‘no difference’ was found, and there was no alternative, was not unfair. . .
Cited – Melon v Hector Powe Ltd HL 6-Nov-1980
Appeals on the ground of perversity will only succeed where it is shown that no reasonable Tribunal, properly directed in law, could have reached the decision made. The court set out the duties and powers of appellate courts in employment law: ‘It . .
Cited – Piggott Brothers and Co Ltd v Jackson CA 1992
The court asked under what circumstances an appellate court could interfere with the decision of a lower court in employment cases: ‘What matters is whether the decision under appeal was a permissible option. To answer that question in the negative . .
Cited – Polkey v A E Dayton Services Limited HL 19-Nov-1987
Mr Polkey was employed as a driver. The company decided to replace four van drivers with two van salesmen and a representative. Mr Polkey and two other van drivers were made redundant. Without warning, he was called in and informed that he had been . .
Lists of cited by and citing cases may be incomplete.
Employment
Updated: 14 November 2022; Ref: scu.143835