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Transfer of undertakings: Dismissals by reason of transfer were effective

This report relates to 1 case(s)

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    Ministry of Defence v Clutterbuck and others EAT/322/97 (0 other reports)

An employment tribunal had erred in finding that a dismissal prior to a transfer of an undertaking, followed by a re-engagement on different terms, was no different from a consensual variation, holds the EAT in Ministry of Defence v Clutterbuck and others 28.9.99 EAT 322/97. The EAT was unable to find any factual distinction between the present case and Wilson and others v St Helens Borough Council, in which the House of Lords held that an employee had been effectively dismissed prior to a transfer, and that the effect of the transfer was to preserve the employee's rights arising out of that dismissal against the transferee.