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Personal reasons for dismissal do not prevent it being because of a transfer: confirmed (Hare Wines v Kaur)

Personal reasons for dismissal do not prevent it being because of a transfer: confirmed (Hare Wines v Kaur)
Published on: 26 February 2019
Published by: LexisPSL
  • Personal reasons for dismissal do not prevent it being because of a transfer: confirmed (Hare Wines v Kaur)
  • What are the practical implications of this judgment?
  • What is the relevant background?
  • Background law
  • Background facts
  • The decision of the employment tribunal
  • The decision of the EAT
  • What did the Court of Appeal decide?
  • Case details

Article summary

Employment analysis: If any employee is dismissed just prior to the transfer of an undertaking because the transferee does not want the employee on the books because of personal reasons, such as a poor working relationship with another member of staff, it may still be said that the principal reason for the dismissal is the transfer, which therefore makes it an automatically unfair dismissal, according to the Court of Appeal. or take a trial to read the full analysis.

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