Source: All England Reporter
Publisher Citation: [2002] All ER (D) 372 (Jan)
Court: Employment Appeal Tribunal, Scotland
Judge:

Lord Johnston, Mr A G McQuaker and Miss A Martin

Representation The employee appeared in person.
  R L Dobie of Tods Murray WS, Edinburgh for the transferee.
Judgment Dates: 22 January 2002

Catchwords

Employment - Continuity - Transfer of trade, business or undertaking - Employer proposing to transfer claimant's contract of employment to new employer as part of transfer of undertaking - Claimant resigning before date of transfer - Claimant making application to employment tribunal against former and new employer - Tribunal determining new employer not party to proceedings - Whether employee having right to bring common law action for wrongful dismissal against new employer - Transfer of Undertakings (Protection of Employment) Regulations 1981, reg 5.

The Case

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