British Telecommunications Plc v Adamson & Ors - TUPE: Automatically unfair dismissal [2012] EAT

(1) Employees dismissed on a service provision change (SPC) to which TUPE applied were dismissed by reason of redundancy and, on the particular facts of the case, their compensation should include an element for pension loss, since incoming employees’ benefits were customarily honoured by the transferee employer.

(2) The Employment Tribunal must determine the real reason for dismissal, even if the Respondent genuinely believes the dismissal was for some other reason.

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