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TRIBUNAL DISMISSES APPEAL IN TUPE CASE

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An employment appeal tribunal which considered the case of an employee of DJM International Ltd, who claimed she wa...
An employment appeal tribunal which considered the case of an employee of DJM International Ltd, who claimed she was forced to retire then re-employed on a part time basis, is reported in The Times (Law Report p23).

Mr Justice Mummery said the crucial question was not, therefore, whether what was done was in respect of a particular contract, but whether it was in respect of a particular person employed inthe undertaking transferred.

Dismissing the appeal by the transferee, he said that the wide words of regulation 5(2)(b) made it clear that a liability might be incurred by an employer and that a subsequent change in the contractual relationship between the employer and the employee did not prevent that liability from transferring to the transferee of the undertaking.
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