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Transfer of undertakings: Wrongful dismissal claim on transfer lies against transferor

This report relates to 1 case(s)

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    University of Oxford v (1) Humphreys and (2) Associated Examining Board [2000] IRLR 183 CA (0 other reports)

An employee's common law right to claim for wrongful constructive dismissal, based on substantial and detrimental changes in his working conditions that he alleges would take place on the transfer of the undertaking in which he works, lies against the transferor employer, not the transferee, holds the Court of Appeal in University of Oxford v (1) Humphreys (2) The Associated Examining Board 20.12.99 Court of Appeal. This right is not extinguished by the objection provisions added to the Transfer of Undertakings Regulations following the ECJ's ruling in Katsikas, but those amendments do preclude the transfer of liability to the transferee in this respect.