British Telecommunications Plc v Adamson & Ors (Transfer of Undertakings : Dismissal or automatically unfair dismissal) [2012] UKEAT 0282_12_2709 (27 September 2012)

British Telecommunications Plc v Adamson & Ors (Transfer of Undertakings : Dismissal or automatically unfair dismissal) [2012] UKEAT 0282_12_2709 (27 September 2012)

The Employment Tribunal was entitled to find as a fact that the reason for dismissal was redundancy, as BT's requirements for employees to carry out work of the kind performed by the claimants had ceased or diminished following the service provision change. The Tribunal was also entitled to award compensation for pension loss, as evidence showed BT customarily honoured incoming employees' pension benefits on terms no less favourable than pre-transfer.

Citation
[2012] UKEAT 0282_12_2709
Parties
Appellant/respondent: British Telecommunications Plc; Respondents/claimants: Adamson and three colleagues (Claimants)
Jurisdiction
United Kingdom
Judgment Date
27 September 2012
Procedural Posture
Employment Appeal / Appeal Against Reserved Remedy Judgment of Employment Tribunal
Outcome
Appeal dismissed
Legal Topics
TUPE (transfer of Undertakings), Redundancy, Unfair Dismissal, Pension Loss, Service Provision Change
Employment Law TUPE (transfer of Undertakings) Redundancy Unfair Dismissal Pension Loss Service Provision Change

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Parties

British Telecommunications Plc

Appellant/respondent

Adamson and three colleagues (Claimants)

Respondents/claimants

Procedural Posture

Employment Appeal / Appeal Against Reserved Remedy Judgment of Employment Tribunal

Legal Issues

  1. 1 Whether the reason for the dismissals was redundancy or the respondent's ignorance of TUPE entitlement
  2. 2 Whether claimants mitigated their losses
  3. 3 Whether claimants were entitled to an uplift for failure to follow a code of practice

Ratio Decidendi

The Employment Tribunal was entitled to find as a fact that the reason for dismissal was redundancy, as BT's requirements for employees to carry out work of the kind performed by the claimants had ceased or diminished following the service provision change. The Tribunal was also entitled to award compensation for pension loss, as evidence showed BT customarily honoured incoming employees' pension benefits on terms no less favourable than pre-transfer.

Court Disposition

Appeal dismissed

Orders

  • Employment Tribunal's findings and awards, including compensation for redundancy and pension loss, are upheld.