Matthews (t/a Anton Motors) v. Smith & Ors [2001] UKEAT 131_00_2301 (23 January 2001)

Matthews (t/a Anton Motors) v. Smith & Ors [2001] UKEAT 131_00_2301 (23 January 2001)

The dismissals were for redundancy, not for a transfer-related reason, and liability for those dismissals remained with Mr Matthews and did not transfer under the Regulations.

Citation
[2001] UKEAT 131_00_2301
Parties
Appellant: Mr Matthews; Respondents: Anton Motors Employees
Jurisdiction
United Kingdom
Judgment Date
23 January 2001
Procedural Posture
Employment Appeal / Appeal From Employment Tribunal
Outcome
appeal dismissed
Legal Topics
Redundancy, Wrongful Dismissal, Transfer of Undertakings
Employment Law Redundancy Wrongful Dismissal Transfer of Undertakings

Case Brief

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Parties

Mr Matthews

Appellant

Anton Motors Employees

Respondents

Procedural Posture

Employment Appeal / Appeal From Employment Tribunal

Legal Issues

  1. 1 Whether dismissals were for redundancy or transfer-related reasons under the Transfer of Undertakings (Protection of Employment) Regulations 1981
  2. 2 Whether liability for dismissal transferred to employees under the Regulations

Ratio Decidendi

The dismissals were for redundancy, not for a transfer-related reason, and liability for those dismissals remained with Mr Matthews and did not transfer under the Regulations.

Court Disposition

appeal dismissed

Orders

  • Tribunal's decision stands; Mr Matthews remains liable for redundancy and wrongful dismissal payments.