LIST OF CASES / Thompson v SCS Consulting Ltd and ors 2001

[2001] IRLR 801, EAT

NOTES

Thompson v SCS Consulting Ltd(1) Lava Systems (Europe) Ltd (2) and Open Text (UK) Ltd (3), EAT on 3rd September 2001 case 34/00 reported at [2001] IRLR 801, EAT.

The full text judgment in this case is available free of charge on the EAT web-site

Representation:-

Mr P. Nicholls instructed by Messrs Read Hind Stewart, Solicitors, Trafalgar House, 29 Park Place, Leeds LS1 2SP on behalf of Thompson, the Apellant;

Mr B Carr instructed by Messrs Lovell White Durrant, Solicitors, 65 Holborn Viaduct, London EC1A 2DY for Open Text (UK) Ltd, the 3rd Respondent

The other respondents did not appear and were not represented.

Authority for the proposition that:-

an employee who is dismissed a few hours before the business he works for is sold does not have his employment rights (such as a right to claim unfair dismissal) automatically transferred to the purchaser by the 1981 TUPE regulations (see below) if the reason for his dismissal was a genuine "economic, technical or organisational reason entailing changes in the workforce".

For main relevant general notes see Transfer of business or undertaking/who to sue? and/or Transfer of business or undertaking/economic, technical or organisational defence

FINISH>
prepared Sept2001