Francis Gerard Smyth v AJC Security Systems Ltd (in liquidation), Tony Collins & Department for Employment and Learning Posted In: Case Law
Legal BodyNorthern Ireland Industrial Tribunal (NIIT)
Type of Claim / JurisdictionUnfair Dismissal, Redundancy and Reorganisation, Transfer of Undertaking (TUPE)
The claimant made claims for redundancy pay and for unfair dismissal pay and also appealed against a decision of the Department in its role as the statutory guarantor in respect of certain employment debts. The claimant asserted that there had been a relevant transfer (within the meaning of the TUPE Regulations) of the entity to which he was assigned at the time of that relevant transfer. The main implication of this assertion was that any liability which the Company would otherwise have had must have transferred to Mr Collins who took over the business.
The tribunal was satisfied that there was a relevant transfer of the entity to which the claimant was then assigned. As a result, any
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