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Transfer of undertakings: Tribunal failed to consider whether dismissal was transfer related

This report relates to 1 case(s)

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    Collins v John Ansell & Partners Ltd EAT/124/99 (0 other reports)

In Collins v John Ansell & Partners Ltd 9.3.00 EAT 124/99, the EAT holds that an employment tribunal had failed to consider whether an employee's constructive dismissal was for a reason connected with the transfer of the business in which she worked, and thus whether it was prima facie automatically unfair by virtue of reg. 8(1) of the Transfer of Undertakings Regulations. It should also have gone on to ask whether the circumstances of the transfer (which involved the relocation of the business) amounted to an economic, technical or organisational reason for dismissal "entailing changes in the workforce", so as to bring it within the exception to the automatic unfairness principle provided for in reg. 8(2).