LIST OF CASES / Sweetin v Coral Racing EAT 2005

EAT on 20th December 2005, reported at [2006] IRLR 252

NOTES

Sweetin v Coral Racing, EAT (Scotland) on 20th December 2005, reported at [2006] IRLR 252

The full text judgment in this case is available free of charge on the BAILII website

Representation:-

Brian Napier QC instructed by Messrs A C White, Solicitors, 23 Wellington Square, Ayr KA7 1HG for Ms Sweeting, the Respondent

Mr O'Carroll instructed by Messrs Richard Hutchison & Co, Solicitors, 9 College Street, Nottingham NG1 5AQ for Coral Racing, the Respondent

Authority for the proposition that:-

compensation which an employment tribunal will order to be paid to an employee whose employer failed to consult with him before effecting a transfer of a business or part of a business in which he works, as required by law, will normally be 13 weeks' pay but can be reduced if there were mitigating circumstances. Further, even though it is called "compensation" in the relevant law, the payment is not so much to compensate the employee for loss as to penalise the employer for failing to consult and to be a deterrent to others who might be inclined to make the same mistake.

For relevant general notes go to Transfer of business or undertaking/consultation .

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prepared February2006