Smith v 24-7 Property Letting (Glasgow) Ltd

Employment – Transfer of undertakings. The claimant submitted that her employment had been transferred to a company under the Transfer of Undertakings (Protection of Employment) Regulations 2006, SI 2006/246, and that she had been harassed and unfairly dismissed. The employment tribunal held that the company was the claimant's employer and that she had been unfairly constructively dismissed. The Employment Appeal Tribunal, allowing the company's appeal, held that the tribunal, comprised of a single judge, had had no power to hear the claim relating to harassment on the grounds of religion and it had failed to give clear reasons in respect of its finding that there had been a transfer under TUPE. The case was remitted for a rehearing.

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