Bangura v Southern Cross Healthcare Group Plc & Anor (Transfer of Undertakings : Transfer) [2013] UKEAT 0432_12_1203 (12 March 2013)

Bangura v Southern Cross Healthcare Group Plc & Anor (Transfer of Undertakings : Transfer) [2013] UKEAT 0432_12_1203 (12 March 2013)

Employment was terminated by summary dismissal before the transfer and appeal was not resolved; therefore, liability did not transfer to the transferee under TUPE. No incompatibility exists between domestic law and the Directive; ordinary national law applies.

Citation
[2013] UKEAT 0432_12_1203
Parties
Appellant: Appellant; Respondent: First Respondent; Respondent: Second Respondent (Four Seasons Healthcare)
Jurisdiction
United Kingdom
Judgment Date
12 March 2013
Procedural Posture
Employment Tribunal Appeal / Judgment on Appeal
Outcome
Appeal dismissed
Legal Topics
Transfer of Undertakings, TUPE Regulations, Unfair Dismissal, Employment Status, Racial Discrimination
Employment Law Transfer of Undertakings TUPE Regulations Unfair Dismissal Employment Status Racial Discrimination

Case Brief

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Parties

Appellant

Appellant

First Respondent

Respondent

Second Respondent (Four Seasons Healthcare)

Respondent

Procedural Posture

Employment Tribunal Appeal / Judgment on Appeal

Legal Issues

  1. 1 Does a pending appeal against dismissal preserve employment status for TUPE transfer?
  2. 2 Does liability for unfair dismissal transfer to the transferee under TUPE when appeal is unresolved?

Ratio Decidendi

Employment was terminated by summary dismissal before the transfer and appeal was not resolved; therefore, liability did not transfer to the transferee under TUPE. No incompatibility exists between domestic law and the Directive; ordinary national law applies.

Court Disposition

Appeal dismissed