Unfair dismissal, consultation and Tupe

first_img Comments are closed. Previous Article Next Article Case roundupKerry Foods v Creber & others IDS Brief 653, EAT• The receiver of a sausage factory dismissed all staff within days of itsappointment and ceased production. It sold the business to Kerry, whichacquired the brand name and goodwill, but no staff. All employees brought successful claims for unfair dismissal against Kerry.The tribunal held there was a relevant transfer for Tupe purposes, even thoughKerry had not taken on any of the staff, and that the main reason for thedismissals was the transfer. There had been no consultation by the receiver andthe tribunal made an award against Kerry of four weeks’ pay for each employee.Kerry appealed. The EAT held that the main reason for the dismissals was thetransfer and so liability passed to Kerry. áhe ETO defence was not available toKerry since the dismissals were entirely transfer-related. More significantly,EAT concluded that the right to collective consultation before a Tupe transferarises from the contract of employment and this too is a duty which passes tothe transferee.Redeployment and disabilityKent County Council v Mingo EOR 89, January 2000• After injuring his back, Mingo was fit only for light duties. He was foundtemporary work in a day centre and a formal recommendation was made forredeployment. He was classified as category B which covered staff redeployed because ofincapability/ill health. Category A covered staff at risk of, or under, noticeof redundancy and they were given priority consideration for alternativeemployment. Mingo expressed interest in several posts but these were reservedfor category A staff. When his appointment at the day centre ended he was dismissed under thecouncil’s incapability procedure. He brought a successful claim for disabilitydiscrimination. The tribunal held he had received less favourable treatmentcompared with category A staff and that treatment could not be justified.Further, the council had failed to take reasonable steps to preventdismissal by considering whether adjustments could be made to any vacant posts.The council was unsuccessful in its appeal. Related posts:No related photos. Unfair dismissal, consultation and TupeOn 8 Feb 2000 in Personnel Todaylast_img read more