London Borough of Islington v Bannon and CSVPosted In: Case Law
Case ReferenceUKEAT 0221_12_2509
Legal BodyEmployment Appeal Tribunal (UKEAT)
Type of Claim / JurisdictionDismissal, Transfer of Undertaking (TUPE)
CSV was contracted by Islington to provide an independent visitor service for children and Ms Bannon was employed by CSV as a project coordination manager. Islington intended to transfer the contract to Action for Children but was unable to do so because of concerns over Ms Bannon‟s disciplinary record. CSV's contract was not extended and Ms Bannon was dismissed by reason of redundancy.
Ms Bannon claimed Unfair Dismissal and the question arose whether TUPE applied. Islington had continued to provide a limited service similar to that provided by CSV and at a pre trial review the employment judge decided that Islington had been carrying on the independent visitor service (although
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