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Salmon v Castlebeck Care (Teesdale) Ltd & Ors [2014]

Posted In: Case Law
  • Case Reference
    UKEAT 0304_14_1012
  • Legal Body
    Employment Appeal Tribunal (UKEAT)
  • Type of Claim / Jurisdiction
    Transfer of Undertaking (TUPE)
Issues covered: Appeals against dismissal; Continuity of employment; Transfer of Undertakings

Ms Salmon and two other employees had been dismissed by Castlebeck Care. The business was subject to a TUPE transfer shortly before her appeal had been heard. Her dismissal was deemed unsafe but this was never communicated to her and the respondent's representatives did not complete a settlement agreement. Did there need to be communication of the reinstatement to activate the contract? 

No, according to the EAT, with reference to an employment case heard by the NI Court of Appeal:

"The argument that communication in these circumstances is necessary is that an employer whose authorised

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This article is correct at 30/01/2015

The information in this article is provided as part of Legal-Island's Employment Law Hub. We regret we are not able to respond to requests for specific legal or HR queries and recommend that professional advice is obtained before relying on information supplied anywhere within this article.


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