Gabriel v Peninsula Business Services Ltd & Anor (Jurisdictional Points : 2002 Act and pre-action requirements) [2012] UKEAT 190_11_2302 (23 February 2012)
Employment Judge erred in law by finding employment transferred without claimant's knowledge or consent; common law rule applies and claimant entitled to bring claims against both respondents.
- Citation
- [2012] UKEAT 190
- Parties
- Appellant/claimant: Ms Gabriel; First Respondent: Peninsula Business Services Ltd; Second Respondent: Taxwise Services Ltd
- Jurisdiction
- United Kingdom
- Judgment Date
- 23 February 2012
- Procedural Posture
- Employment Appeal / Appeal From Preliminary Hearing Judgment
- Outcome
- Appeal allowed
- Legal Topics
- Statutory Grievance Procedures, Transfer of Undertakings, Jurisdictional Requirements, Limitation Periods, Sex Discrimination, Race Discrimination
Case Brief
Summary, issues, holding and outcome
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Parties
Ms Gabriel
Appellant/claimant
Peninsula Business Services Ltd
First Respondent
Taxwise Services Ltd
Second Respondent
Procedural Posture
Employment Appeal / Appeal From Preliminary Hearing Judgment
Legal Issues
- 1 Whether claimant's employment transferred from First Respondent to Second Respondent without her knowledge or consent
- 2 Whether statutory grievance procedure requirements applied
- 3 Whether claims against First Respondent were time-barred
Ratio Decidendi
Employment Judge erred in law by finding employment transferred without claimant's knowledge or consent; common law rule applies and claimant entitled to bring claims against both respondents.
Court Disposition
Appeal allowed
Orders
- Matter remitted to Employment Tribunal for substantive hearing of claims against both Respondents
Full Case Text
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