An employment tribunal fell into error by patently failing
to consider whether or not the reason or principal reason for the dismissal of
employees by the administrator of an insolvent company was an economic reason
unrelated to the transfer of the company's undertaking, concludes the EAT in
Honeycombe 78 Ltd v (1) Cummins and others (2) Secretary of State for Trade
and Industry
(1). On the primary facts as
found, the tribunal was bound to conclude that the administrator had decided to
dismiss the staff in spite of that potential sale, not with a view to effecting
it, for the economic reason that there were insufficient funds to pay the
workforce. |
|
|
|
|