Source: All England Reporter
Publisher Citation: [2002] All ER (D) 372 (Jan)
Court: Employment Appeal Tribunal, Scotland

Lord Johnston, Mr A G McQuaker and Miss A Martin

Representation The employee appeared in person.
  R L Dobie of Tods Murray WS, Edinburgh for the transferee.
Judgment Dates: 22 January 2002


Employment - Continuity - Transfer of trade, business or undertaking - Employer proposing to transfer claimant's contract of employment to new employer as part of transfer of undertaking - Claimant resigning before date of transfer - Claimant making application to employment tribunal against former and new employer - Tribunal determining new employer not party to proceedings - Whether employee having right to bring common law action for wrongful dismissal against new employer - Transfer of Undertakings (Protection of Employment) Regulations 1981, reg 5.

The Case

The tribunal had been correct to dismiss the transferee of a business as a party to proceedings for constructive dismissal, where the employee had resigned 11 weeks before the transfer. Any rights or remedies the employee had in relation to his resignation and consequent alleged constructive dismissal remained against the transferor only and could never be asserted against the transferee.

Practice Areas

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