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Transfer of undertakings: Reason for dismissal may be both transfer and ETO reason

This report relates to 1 case(s)

An industrial tribunal was right first to consider whether the reason for an employee's dismissal was the transfer of an undertaking and, having provisionally found that it was, then to consider whether there was an economic, technical or organisational (ETO) reason for dismissing the employee, holds the Court of Appeal in Warner v Adnet Ltd [1998] IRLR 394. There would be no point in including the concept of an ETO reason in the Transfer of Undertakings Regulations if a finding that a dismissal was by reason of a transfer was determinative of a complaint of unfair dismissal. Where there is an ETO reason, the dismissal will not be automatically unfair.

Mr Warner was employed by Microsystems Centre (Slough) Ltd as company accountant from August 1986.