Court of Appeal on 20th July 1999, reported at [2000] ICR 286 (also reported at [1999] IRLR 708 and at Times Law Reports 2nd August 1999).
NOTES

  • Askew v Governing Body of Clifton School & ors [2000] ICR 286, Court of Appeal on 20th July 1999 (also reported at [1999] IRLR 708, and TLR 2nd August 1999).

    The Court of Appeal examined the position which arose when two schools maintained by the London Borough of Ealing were merged to become a (third) new entity. One of the teachers was dismissed and claimed automatic unfair dismissal pursuant to TUPE regs 1981, reg 8.

    It was held that because his contract of service and his employment relationship obligations were with the local authority and not with the governing body of any of the schools there had been no change of employer and no relevant transfer of an undertaking such as to give rise to a potentially unfair dismissal (see Specific employments/teachers/a general note ).

    Details of the case are available from the National Union of Teachers (tel 020 7388 6191).

    For general relevant notes see Transfer of business or undertaking/dismissal in connection with transfer .

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    prepared Oct99.