Source: All England Reporter
Publisher Citation: [2002] All ER (D) 59 (Jan)
Court: Employment Appeal Tribunal
Judge:

Wall J, Mr B Fitzgerald and Mr S Springer

Judgment Dates: 16 January 2002

Catchwords

Employment - Transfer of business, trade or undertaking - Employee's representation - Employee standing for position of staff representative after merger of two charitable institutions - Employee making complaints about elections - Employment tribunal determining election a nullity and awarding employee compensation - Whether employment tribunal having jurisdiction to entertain claim - Transfer of Undertakings (Protection of Employment) Regulations 1981, regs 10(8), 11(1)(a) and 11(1)(c).

The Case

The employment tribunal did not have jurisdiction to entertain an employees claim of breaches of reg10(8) of the Transfer of Undertakings (Protection of Employment) Regulations 1981, in circumstances where she had not come within the provisions of regs11(a) or (c) since she was not an employee representative.

Practice Areas

If you are a LexisLibrary subscriber you can read more about this case here.