Marshall v Game Retail Ltd

Unfair dismissal – Burden of proof. The employment tribunal dismissed the employee's claims that he had been automatically unfairly dismissed for a reason connected with a transfer under the Transfer of Undertakings (Protection of Employment) Regulations 2006, SI 2006/246. The Employment Appeal Tribunal allowed the employee's appeal only on the ground that the tribunal had failed to apply the relevant principle regarding the burden of proof in unfair dismissal cases. The case would be remitted to the same tribunal to reconsider the employee's claims.

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