Mrs M Christie v Prestige Ajp Ltd (Scotland : Transfer of Undertakings : Unfair Dismissal) [2017] UKET 4104911/2016 (12 April 2017)

Mrs M Christie v Prestige Ajp Ltd (Scotland : Transfer of Undertakings : Unfair Dismissal) [2017] UKET 4104911/2016 (12 April 2017)

The tribunal found that the claimant's dismissal was connected to the transfer and was not for an economic, technical or organisational reason entailing changes in the workforce, and was therefore automatically unfair under TUPE.

Citation
[2017] UKET 4104911/2016
Parties
Claimant: Mrs M Christie; Respondent: Prestige Ajp Ltd
Jurisdiction
United Kingdom
Judgment Date
12 April 2017
Procedural Posture
Employment Tribunal / Judgment
Outcome
Claim upheld
Legal Topics
Transfer of Undertakings, Unfair Dismissal
Employment Law Transfer of Undertakings Unfair Dismissal

Case Brief

Summary, issues, holding and outcome

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Parties

Mrs M Christie

Claimant

Prestige Ajp Ltd

Respondent

Procedural Posture

Employment Tribunal / Judgment

Legal Issues

  1. 1 Whether the claimant was unfairly dismissed following a transfer of undertakings under TUPE regulations.

Ratio Decidendi

The tribunal found that the claimant's dismissal was connected to the transfer and was not for an economic, technical or organisational reason entailing changes in the workforce, and was therefore automatically unfair under TUPE.

Court Disposition

Claim upheld

Orders

  • The claimant's dismissal was automatically unfair.
  • The respondent is ordered to pay compensation to the claimant.