Bangura v Southern Cross Healthcare Group Plc & Anor - No transfer where dismissed employee appeals before transfer [2013] EAT

Employment does not transfer under TUPE where dismissed employee has an outstanding appeal against dismissal

Ms Bangura was summarily dismissed on grounds of misconduct about 6 weeks before the care home at which she worked was transferred to Four Seasons. At that time she had an appeal pending against her dismissal but it had not by then (or at any time since then) been determined by the First Respondent. The Employment Tribunal held that the TUPE Regulations did not transfer liability to the Second Respondent since the Claimant was not employed by Southern Cross immediately before the transfer. Ms Bangura appealed on the ground that this was inconsistent with the decision of the EAT in G4S v Anstey (2006).

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