Source: All England Reporter
Publisher Citation: [2002] All ER (D) 182 (Mar)
Court: Employment Appeal Tribunal, Scotland

Lord Johnston, Miss S Ayre and Mr P Hunter

Representation S Stark (instructed by IRPC) for the employer.
  G F Bathgate of Allan McDougall & Co, Edinburgh for the employee.
Judgment Dates: 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 Case

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.

Practice Areas

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