Nabbumba v Merton Priory Holmes (Transfer of Undertakings) [2013] UKEAT 0112_13_MC_0708 (07 August 2013)

Nabbumba v Merton Priory Holmes (Transfer of Undertakings) [2013] UKEAT 0112_13_MC_0708 (07 August 2013)

The Employment Tribunal failed to identify the reason or principal reason for dismissal and did not provide reasons for rejecting the claimant's argument regarding TUPE Regulation 7(1)(a) versus 7(1)(b), rendering the decision not Meek compliant.

Source-derived case information.

Citation
[2013] UKEAT 0112_13_MC_0708
Parties
Appellant Advocate: Fergus McCombie; Appellant Instructing Solicitors: Owoleye & Co; Respondent Advocate: Caroline Musgrave; Respondent Instructing Solicitors: Trowers & Hamlins LLP
Jurisdiction
United Kingdom
Judgment Date
07 August 2013
Procedural Posture
Employment Appeal / Appeal From Employment Tribunal Judgment
Outcome
appeal allowed
Legal Topics
Unfair Dismissal, TUPE Transfer, Redundancy, Reason for Dismissal, Meek Compliance
Employment Law Unfair Dismissal TUPE Transfer Redundancy Reason for Dismissal Meek Compliance

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Summary, issues, holding and outcome

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Parties

Fergus McCombie

Appellant Advocate

Owoleye & Co

Appellant Instructing Solicitors

Caroline Musgrave

Respondent Advocate

Trowers & Hamlins LLP

Respondent Instructing Solicitors

Procedural Posture

Employment Appeal / Appeal From Employment Tribunal Judgment

Legal Issues

  1. 1 Was the Employment Tribunal's decision Meek compliant?
  2. 2 What was the reason or principal reason for the claimant's dismissal?
  3. 3 Was the dismissal caused by the transfer itself (TUPE Regulation 7(1)(a)) or a reason connected with the transfer (TUPE Regulation 7(1)(b))?

Ratio Decidendi

The Employment Tribunal failed to identify the reason or principal reason for dismissal and did not provide reasons for rejecting the claimant's argument regarding TUPE Regulation 7(1)(a) versus 7(1)(b), rendering the decision not Meek compliant.

Court Disposition

appeal allowed

Orders

  • case remitted to same Employment Tribunal to determine the reason or principal reason for dismissal and whether it was caused by the transfer itself (Regulation 7(1)(a)) or a reason connected with the transfer (Regulation 7(1)(b))