Mr I Finlayson v CSC Computer Sciences Ltd and Spirit Aerosystems (Europe) Ltd: (Scotland : Breach of Contract : Redundancy : Transfer of Undertakings : Unfair Dismissal : Working Time Regulations) [2017] UKET 4104072/2016 (5 May 2017)

Mr I Finlayson v CSC Computer Sciences Ltd and Spirit Aerosystems (Europe) Ltd: (Scotland : Breach of Contract : Redundancy : Transfer of Undertakings : Unfair Dismissal : Working Time Regulations) [2017] UKET 4104072/2016 (5 May 2017)

The tribunal found that the claimant was unfairly dismissed as the redundancy procedures were not properly followed and the protections under the Transfer of Undertakings Regulations applied.

Citation
[2017] UKET 4104072/2016
Parties
Claimant: Mr I Finlayson; Respondent: CSC Computer Sciences Ltd; Respondent: Spirit Aerosystems (Europe) Ltd
Jurisdiction
United Kingdom
Judgment Date
05 May 2017
Procedural Posture
Employment Tribunal / Judgment
Outcome
Claim upheld in part
Legal Topics
Breach of Contract, Redundancy, Transfer of Undertakings, Unfair Dismissal, Working Time Regulations

Case Brief

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Parties

Mr I Finlayson

Claimant

CSC Computer Sciences Ltd

Respondent

Spirit Aerosystems (Europe) Ltd

Respondent

Procedural Posture

Employment Tribunal / Judgment

  1. 1 Whether the claimant was unfairly dismissed
  2. 2 Whether there was a breach of contract
  3. 3 Whether redundancy procedures were properly followed

Ratio Decidendi

The tribunal found that the claimant was unfairly dismissed as the redundancy procedures were not properly followed and the protections under the Transfer of Undertakings Regulations applied.

Court Disposition

Claim upheld in part

Orders

  • Respondents to pay compensation to the claimant
  • Respondents to provide a statement of employment particulars