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Transfer of undertakings: Test for whether pre-transfer dismissal was by reason of the transfer

This report relates to 1 case(s)

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    Morris v John Grose Group Ltd [1998] IRLR 499 EAT (0 other reports)

    The Court of Appeal in Spaceright Europe Ltd v Baillavoine and another decided that, for there to be an automatically unfair dismissal under TUPE, there does not need to have been a particular transfer or transferee in existence or in contemplation at the at the time of the dismissal. The Court of Appeal disapproved the EAT on this point.

To determine whether or not an employee was unfairly dismissed before the transfer of a business by reason of "the transfer or a reason connected with it", in accordance with reg. 8(1) of the Transfer of Undertakings Regulations, an industrial tribunal should have asked itself whether a transfer to any transferee who might appear, or a reason connected with such a transfer, was the reason or principal reason for the employee's dismissal, holds the EAT in Morris v John Grose Group Ltd 27.3.98 EAT 773/97. The tribunal erred in law in asking itself whether the transfer to the actual transferee, or a reason connected with that transfer, was the reason or principal reason for the employee's dismissal.