Source: All England Reporter
Publisher Citation: [2011] All ER (D) 24 (Sep)
Court: Employment Appeal Tribunal
Judge:

Bean J
Representation Damian Brown (instructed by Mills & Reeve LLP) for the trust.
  Oliver Segal QC (instructed by Thompsons, Nottingham) for the employees.
  Stephen Jenkins of Geldards LLP (Cardiff) for the first respondent.
  The third respondent appeared by its representative.
Judgment Dates: 19 July 2011

Catchwords

Employment - Continuity - Transfer of trade, business or undertaking - Employer NHS Trust closing care home and transferring residents' care to second and third respondent care provision firms - Second and third respondents offering employees employment - Employment tribunal dismissing employees' claims of, inter alia, unfair dismissal against second and third respondents on basis that no relevant transfer occurring - Whether tribunal erring - Transfer of Undertakings (Protection of Employment) Regulations 2006, .

The Case

Employment Continuity. The Employment Appeal Tribunal dismissed the appeal of the first respondent NHS Trust against the decision of the employment tribunal that there had been no relevant transfer within reg 3(1)(a) and (b) of the Transfer of Undertakings (Protection of Employment) Regulations 2006, , in circumstances where the care home in question had been closed and the claimant employees had been offered employment by the second and third respondent care provision firms who had taken over the care of the previous residents.

Practice Areas

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