Salmon v Castlebeck Care (Teesdale) Ltd & Ors (Transfer of Undertakings) [2014] UKEAT 0304_14_1012 (10 December 2014)

Salmon v Castlebeck Care (Teesdale) Ltd & Ors (Transfer of Undertakings) [2014] UKEAT 0304_14_1012 (10 December 2014)

A successful appeal against dismissal, in the absence of contrary contractual provision, automatically revives the contract of employment with retrospective effect, without the need for an express decision to reinstate or communication of the outcome. Therefore, the appellant was employed immediately prior to the transfer and her employment transferred to the transferee employer under TUPE.

Citation
[2014] UKEAT 0304_14_1012
Parties
Appellant: Mrs Salmon; First Respondent: Castlebeck Care Teesdale Limited; Second Respondent: Danshell
Jurisdiction
United Kingdom
Judgment Date
10 December 2014
Procedural Posture
Employment Appeal Tribunal / Appeal From Employment Tribunal Decision
Outcome
Appeal allowed
Legal Topics
Transfer of Undertakings (tupe), Unfair Dismissal, Contractual Right of Appeal, Reinstatement, Communication of Appeal Outcome
Employment Law Transfer of Undertakings (tupe) Unfair Dismissal Contractual Right of Appeal Reinstatement Communication of Appeal Outcome

Case Brief

Summary, issues, holding and outcome

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Parties

Mrs Salmon

Appellant

Castlebeck Care Teesdale Limited

First Respondent

Danshell

Second Respondent

Procedural Posture

Employment Appeal Tribunal / Appeal From Employment Tribunal Decision

Legal Issues

  1. 1 Whether a successful appeal against dismissal prior to a TUPE transfer revives the contract of employment without an express decision to reinstate or communication of the outcome
  2. 2 Whether the revived contract results in automatic transfer of employment under TUPE to the transferee employer

Ratio Decidendi

A successful appeal against dismissal, in the absence of contrary contractual provision, automatically revives the contract of employment with retrospective effect, without the need for an express decision to reinstate or communication of the outcome. Therefore, the appellant was employed immediately prior to the transfer and her employment transferred to the transferee employer under TUPE.

Court Disposition

Appeal allowed

Orders

  • Decision of the Employment Tribunal set aside
  • Judgment substituted: Mrs Salmon succeeds against Danshell