The Manchester College v Hazel and another  IRLR 392 CA
Reports relating to this case:
- 1 April 2014
In The Manchester College v Hazel and another  IRLR 392 CA, the Court of Appeal held that the employees were not dismissed for a potentially fair ETO reason when their contracts were terminated post transfer and replaced with new contracts on significantly less favourable terms. The fact that the "harmonisation" process was part of a wider restructure that involved making other employees redundant at around the same time was irrelevant. What mattered was the immediate and operative reason for dismissing the particular employees in question, who were not themselves at risk of redundancy.
- 20 February 2014
The Court of Appeal has agreed that a transferee did not have an economic, technical or organisational (ETO) defence over the dismissal of two claimants as a result of harmonisation following a post-TUPE transfer redundancy process.