Holohan v. T Cartledge Ltd & Anor [2000] UKEAT 916_99_1606 (16 June 2000)

Holohan v. T Cartledge Ltd & Anor [2000] UKEAT 916_99_1606 (16 June 2000)

The Employment Tribunal erred in law by failing to consider the deeming provision from Lister v Forth Dry Dock and by striking out the claim solely on the basis of the temporal gap between dismissal and transfer, without proper enquiry into the merits or the reason for dismissal.

Citation
[2000] UKEAT 916_99_1606
Parties
Appellant: Mr Holohan; First Respondent: T Cartledge Limited; Second Respondent: David Webster Limited
Jurisdiction
United Kingdom
Judgment Date
16 June 2000
Procedural Posture
Employment Appeal / Appeal From Employment Tribunal's Strike Out Decision
Outcome
Appeal allowed
Legal Topics
Unfair Dismissal, Transfer of Undertakings (tupe), Strike Out Applications
Employment Law Unfair Dismissal Transfer of Undertakings (tupe) Strike Out Applications

Case Brief

Summary, issues, holding and outcome

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Parties

Mr Holohan

Appellant

T Cartledge Limited

First Respondent

David Webster Limited

Second Respondent

Procedural Posture

Employment Appeal / Appeal From Employment Tribunal's Strike Out Decision

Legal Issues

  1. 1 Whether the Employment Tribunal erred in striking out the unfair dismissal claim against Webster under TUPE without proper enquiry into the merits
  2. 2 Whether the Appellant was employed immediately before a relevant transfer for TUPE purposes
  3. 3 Whether the Employment Tribunal failed to apply the deeming provision from Lister v Forth Dry Dock

Ratio Decidendi

The Employment Tribunal erred in law by failing to consider the deeming provision from Lister v Forth Dry Dock and by striking out the claim solely on the basis of the temporal gap between dismissal and transfer, without proper enquiry into the merits or the reason for dismissal.

Court Disposition

Appeal allowed

Orders

  • Employment Tribunal's strike out decision set aside
  • Case remitted to Employment Tribunal for full hearing