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Transfer of undertakings: Failure to give assurance on continuity founded constructive dismissal claim

This report relates to 1 case(s)

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    Euro-die (UK) Ltd v Skidmore and another EAT/1158/98 (0 other reports)

An employment tribunal was entitled on the facts to find that a transferor employer, which failed at a crucial juncture prior to the transfer of its undertaking to give a concerned employee an assurance that his continuity of employment would be protected on transfer, was in repudiatory breach of the implied contractual term as to trust and confidence so as to entitle the employee to treat himself as constructively dismissed, holds the EAT in Euro-Die (UK) Ltd v (1) Skidmore (2) Genesis Diesinking Ltd 3.12.99 EAT 1158/98. Liabilities in respect of that dismissal were transferred to the transferee employer by virtue of reg.5(2) of the Transfer of Undertakings Regulations.