With over 500 lawyers we would expect to be able to provide the specialist skill and experience that you need. Browse our lawyers and teams below.
With nearly 500 lawyers we have the skills and experience you need.
Are you coming to one of our offices and need to know how to find us?
Send us your enquiry and we will get back to you as soon as possible
The EAT has recently explored what happens when an appeal against a non TUPE-related dismissal is outstanding at the date of the relevant transfer. The following points emerge from Bangura v Southern Cross Healthcare.
While this decision is logical and follows previous case law, transferees will still find it disconcerting that their obligations in these circumstances rest entirely upon the outcome of an appeal process over which they are unlikely to have any control. This reinforces the importance of transferees making prudent enquiries prior to a TUPE transfer about the workforce they will be inheriting.
This case involved the pre-transfer dismissal of an employee for a reason that did not relate to the transfer. If the reason for the dismissal prior to the transfer date had related to the transfer itself, or a reason connected to it which was not an ETO reason, all liabilities relating to that employee’s employment would have transferred to the transferee, including any resulting claim of unfair dismissal, regardless of the outcome of any appeal.
Register for My M&R to stay up-to-date with legal news and events, create brochures and bookmark pages.
Log in to your client extranet for free matter information, know-how and documents.
Mills & Reeve system for employees.
Added to your bookmarks
This will be stored in your bookmarks list for 90 days or until you remove it.
This page has been added to your brochure. To manage your brochure click on the button below.
Or click on
at the top of every page.