This is a preview. To continue reading please log in or Register to read this article

Transfer of undertakings: Tribunal should have queried change in terms

This report relates to 1 case(s)

  • expand disabled

    Lutak v William West & Son (Ilkeston) Ltd [2001] All ER (D) 323 (Oct) EAT (0 other reports)

In Lutak v William West & Son (Ilkeston) Ltd 14.9.01 EAT 0032/01, the EAT holds that, where a transferee could justifiably have dismissed an employee after the transfer of undertaking, but had chosen to redeploy him under its general terms and conditions rather than the employee's red-circled terms and conditions, the employment tribunal should have asked why there had been a change in terms and conditions. Its failure to do so, or to give any explanation for its decision that the changes in duties and change in terms and conditions were not transfer-related, rendered its conclusions untenable.