Source: All England Reporter
Publisher Citation: [2003] All ER (D) 126 (Jan)
Court: Employment Appeal Tribunal

Judge McMullen QC, Mr J Crosby and Mr P Dawson

Representation Elizabeth Melville (instructed by Thompsons, Birmingham) for the employee.
  Clive Sheldon (instructed by Gary Sargeant, Boston) for the employer.
Judgment Dates: 28 October 2002


Employment - Unfair dismissal - Compensation - Transfer of undertakings - Agreement as to compensation with third party - Agreement void - Employment tribunal having regard to figure paid by third party - Correctness of decision.

The Case

An employment tribunal had been entitled to have regard to a void compromise agreement reached between an employee and a third party, following a transfer of undertakings, where she had been unfairly dismissed, in circumstances where it was assessing her compensatory award.

Practice Areas

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