Salmon v Castlebeck Care (Teesdale) Ltd & Ors Posted In: Case Law
Case ReferenceUKEAT 0304_14_1012
Legal BodyEmployment Appeal Tribunal (UKEAT)
Type of Claim / JurisdictionTransfer of Undertaking (TUPE)
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
Already a subscriber?
Click here to login and access the full article.Log in now to read the full article
Don't miss out, start your free trial today!
Are you fully aware of the benefits of Legal-Island's Employment Law Update Service? We help hundreds of people like you understand how the latest changes in employment law impact on your business.
Help understand the ramifications of each important case from NI, GB and Europe
24/7 access to all the content in the Legal Island Vault for research case law and HR issues
Ensure your organisation’s policies and procedures are fully compliant with NI law
Receive free preliminary advice on workplace issues from Maxine Orr, Partner at Worthingtons Solicitors
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.