Vanishing dismissal

Case 1: The facts

Mr Anstey and Mr Simpson were custody officers employed by security company GSL under a contract with the Home Office. Following allegations made in a documentary, both were disciplined for alleged gross misconduct and summarily dismissed. They both appealed.

Before their appeals were heard, the Home Office’s contract with GSL was ended and given to G4S; this was a relevant transfer under the TUPE regulations.

When G4S refused to hear the appeals, they were heard instead by GSL, which found that Anstey and Simpson should be reinstated.

The ruling

The Employment Appeal Tribunal held that, when a dismissal is overturned on appeal, it effectively “vanishes” and continuity of employment is preserved. The claimants were therefore to be treated as having been employed immediately before the transfer, so their employment did transfer under TUPE.

G4S Justice Services (UK) Ltd v Anstey, Simpson & GSL UK Ltd UKEAT/0698/05