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 officers have taken a decision open to them to allow an appeal may nonetheless not face any of the
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