Source: All England Reporter
Publisher Citation: [2012] All ER (D) 215 (Oct)
Court: Employment Appeal Tribunal

Langstaff J

Representation David Reade (instructed via Public Access) for Denton.
  Melvyn Harris (instructed by Backhouse Solicitors, Essex) for K.
  The second respondents did not appear and were not represented.
Judgment Dates: 10 July 2012


Redundancy - Dismissal by reason of redundancy - Dismissal - Claimant solicitor, K, working in-house for facilities management company in relation to disposal of service contracts - Company going into administration - Appellant solicitors' firm acting for company during administration in relation to disposal of service contracts in administration - K made redundant shortly after administration beginning - Employment tribunal finding service provision change applying to K - Whether tribunal erring - Transfer of Undertakings (Protection of Employment) Regulations 2006, - .

The Case

Redundancy Dismissal by reason of redundancy. The Employment Appeal Tribunal considered the issue of whether the employment tribunal had erred in deciding that there had been a service provision change in an in-house solicitor's work prior to her being made redundant. It held that, in the light of the case law, it would be appropriate to find in favour of the outsourced solicitors' firm, and substitute a decision that there had been no service provision change.

Practice Areas

If you are a LexisLibrary subscriber you can read more about this case here.