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Transfer of undertakings: Variation effective if employees "accept" dismissal

This report relates to 1 case(s)

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    Cornwall County Care Ltd v Brightman and others [1998] IRLR 228 EAT (0 other reports)

A dismissal which is automatically unfair by virtue of reg. 8(1) of the Transfer of Undertakings Regulations can become effective if it is "accepted" by the employees transferred, holds the EAT in Cornwall County Care Ltd v Brightman and others 27.2.98 EAT 591/97. If the employees then agree to work for the transferee on worse terms and conditions of employment than they had hitherto enjoyed, the EAT says that it is "unreal" to conclude that they are, in fact and in law, still employed on those old terms. If they have in reality been dismissed and re-employed, they should be awarded compensation for a dismissal deemed to have been unfair by virtue of reg.