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Transfer of undertakings: Transferee liable for employee's unlawful pre-transfer dismissal

This report relates to 1 case(s)

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    Jules Dethier Équipement SA v Dassy and Sovram Sprl (in liquidation) [1998] IRLR 266 ECJ (0 other reports)

In Jules Dethier Èquipement SA v Dassy and another [1998] IRLR 266, the ECJ rules that employees unlawfully dismissed by the transferor shortly before the undertaking is transferred, and not re-engaged by the transferee, may claim against the transferee that their dismissal was unlawful. Their contract of employment must be regarded as still extant as against the transferee even if it did not take them on after the undertaking was transferred.