|Source:||All England Reporter|
|Publisher Citation:|| All ER (D) 372 (Jan)|
|Court:||Employment Appeal Tribunal, Scotland|
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|
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.