Source: All England Reporter
Publisher Citation: [2002] All ER (D) 17 (Mar)
Court: Employment Appeal Tribunal

Recorder Burke QC, Mr I Ezekiel and Mrs M Prosser

Judgment Dates: 4 March 2002


Employment - Transfer of trade, business or undertaking - Continuity of employment - Applicant's position merged with other positions - Applicant offered lesser position - Tribunal holding that employer having defence to applicant's dismissal due to reorganisation - Whether tribunal in error - Transfer of Undertakings (Protection of Employment) Regulations 1981, reg 8.

The Case

There was nothing in the words of reg8(2) of the Transfer of Undertakings (Protection of Employment) Regulations 1981 or in the authorities which limited its application to a case in which the numbers of the workforce had been reduced. The wording of the provision was apt to include both a change in number and a change in functions. Moreover, there was established authority to the effect that a change in functions within the workforce might, in law be sufficient for reg8(2) to apply.

Practice Areas

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