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Transfer of undertakings: Employee who refused to transfer has possible claim for automatic unfair dismissal

This report relates to 1 case(s)

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    Dunkinson v Meridian Technologies Ltd and another EAT/0266/01 (0 other reports)

In Dunkinson v Meridian Technologies Ltd and another 30.7.01 EAT 0266/01, the EAT holds, in a preliminary hearing, that it was arguable that an employee who had objected to transferring to a transferee, and who had been retained in the transferor's employment for a month after the transfer, might have a claim for automatic unfair dismissal under the relevant statutory provisions. There was also evidence from which it might be found, at a full hearing, that the transferee and transferor were associated companies. If so, this raised the question of why consideration had not been given, before the employee's contract was terminated, to discussing with the employee once again the possibility of his moving over to the transferee.