Source: All England Reporter
Publisher Citation: [2002] All ER (D) 100 (Oct)
Court: Court of Appeal, Civil Division
Judge:

Pill, Waller and Dyson LJJ

Representation Andrew Clarke QC and Philip Norman (instructed by DLA, Sheffield) for the employer.
  Declan O'Dempsey (instructed by Browell Smith, Newcastle upon Tyne) for the employee.
Judgment Dates: 8 October 2002

Catchwords

Employment - Continuity - Transfer of trade, business or undertaking - Employee originally employed as personal assistant to manager - Transfer of part of employer's business - Employment tribunal finding employee not assigned to business transferred - Whether employment tribunal in error - Transfer of Undertakings (Protection of Employment) Regulations 1981.

The Case

An employment tribunal had been entitled to find, on the facts of the instant case, that a former employee of the employer had not been assigned to a specific contract which had been transferred to a different company.

Practice Areas

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