||All England Reporter
|| All ER (D) 182 (Mar)
||Employment Appeal Tribunal, Scotland
Lord Johnston, Miss S Ayre and Mr P Hunter
||S Stark (instructed by IRPC) for the employer.
||G F Bathgate of Allan McDougall & Co, Edinburgh for the employee.
||24 January 2002
Employment - Continuity - Transfer of trade, business or undertaking - Employee bringing action for unfair dismissal and discrimination - Tribunal ruling in favour of employee - Employer's business being transferred between decision and remedies hearing - Tribunal failing to consider transfer in determining damages - Whether tribunal in error.
The employment tribunal had been in error in failing to consider a transfer to which the Transfer of Undertakings (Protection of Employment) Regulations 1981 applied which had occurred between the determination that there had been an unfair dismissal and the hearing to determine quantum, but having regard to the sums involved the appeal was nevertheless dismissed.
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