Source: All England Reporter
Publisher Citation: [2006] All ER (D) 145 (Feb)
Court: Employment Appeal Tribunal
Judge:

Langstaff J, Mr K Edmonson and Mr J Shrigley

Representation Anthony Ross (instructed by Rowley Ashworth) for the employees.
  Christopher Jeans QC (instructed by Todds Murray LLP, Edinburgh) for the employers.
Judgment Dates: 2 November 2005

Catchwords

Employment - Continuity - Transfer of trade, business or undertaking - Employment by transferor immediately before transfer - Tribunal concluding transfer - Whether tribunal paying proper regard to number of employees transferred.

The Case

In the circumstances of the case, in concluding that there had been a transfer of undertakings in respect of a contract known as the 'jointing contract', the employment tribunal had fallen into error in that it had failed to deal with the issue of whether or not there had been a failure to take on a major part of the workforce in terms of numbers and skills.

Practice Areas

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