Ms K Lavelle v IBM UK Ltd and OH Assist Ltd (England and Wales : Transfer of Undertakings : Unfair Dismissal) [2017] UKET 1401734/2016 (10 August 2017)

The tribunal found that the claimant's dismissal was unfair as it was connected to the transfer of undertaking and not for an economic, technical, or organisational reason.

Source-derived case information.

Citation: [2017] UKET 1401734/2016
Parties: Claimant: Ms K Lavelle; Respondent: IBM UK Ltd; Respondent: OH Assist Ltd
Jurisdiction: United Kingdom
Judgment Date: 10 August 2017
Procedural Posture: Employment Tribunal / Final Judgment
Outcome: Claim upheld
Legal Topics: Transfer of Undertakings, Unfair Dismissal

Employment Law Transfer of Undertakings Unfair Dismissal

Source-derived case record

Summary, issues, holding and outcome

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Parties

Ms K Lavelle

Claimant

IBM UK Ltd

Respondent

OH Assist Ltd

Respondent

Procedural Posture

Employment Tribunal / Final Judgment

Legal Issues

1 Whether the claimant was unfairly dismissed under the Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE)

Ratio Decidendi

The tribunal found that the claimant's dismissal was unfair as it was connected to the transfer of undertaking and not for an economic, technical, or organisational reason.

Court Disposition

Claim upheld

Orders

Respondents to pay compensation to the claimant for unfair dismissal

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