Source: All England Reporter
Publisher Citation: [2003] All ER (D) 164 (Jan)
Court: Employment Appeal Tribunal

Wall J, Mr P Dawson and Mr J Hougham

Representation Clive Sheldon (instructed by Battens, Crewkerne) for the employee.
  The employer appeared by its representative.
Judgment Dates: 18 October 2002


Employment - Transfer of undertakings - Continuity of employment - Unfair dismissal - Refusal of application to adjourn remedies hearing to allow another respondent to be joined in the proceedings - Correctness of decision - Transfer of Undertakings (Protection of Employment) Regulations 1981, reg 5 - Employment Tribunals (Constitution and Rules of Procedure) Regulations 1993, Sch 1, para 17(2)(a) - s 111(2)(a).

The Case

On an appeal against a decision of the employment tribunal by which it refused an application by the employee for an adjournment of proceedings to enable the employee to join another respondent to the proceedings, the Employment Appeal Tribunal ruled that the tribunal had misdirected itself as to the meaning, inter alia, of para17(1) of Sch1 to the Employment Tribunals (Constitution and Rules of Procedure) Regulations 1993 and accordingly allowed the appeal.

Practice Areas

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