Features: Law at work
More than one reason for dismissal
In cases where work is transferred as a result of the employer's financial difficulties it may be that employees have rights both under the transfer regulations (TUPE) and separately under unfair dismissal law. In the case of Collins v John Ansell the EAT held that if the reason or principal reason for an employee's dismissal is a relevant transfer then that dismissal is automatically unfair. It is only after this point is considered that the tribunals should then go on to consider whether the dismissal was for an economic, technical or organisational reason (an unfair dismissal).