Job transfer part of sale
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Two dri
, vers, who
were paid substantial redundancy payments when their employer sold his haulage business, have lost claims for unfair dismissal.
A Leeds industrial tribunal was told that Thomas Berry and George Hanson were informed by H Thornber's managing director Mr Coton in August 1993 that he was selling the business, along with all his customers, for health reasons.
Both men were long-standing employees and were good at their jobs. Colon was anxious to reward their service and he arranged for them to be taken on by the company that bought the business, WD Lister (Haulage). Their employment with Thornber's ended on Friday 1 October and began with Lister or Monday 4 October. This indicated that there was a transfer of a business between the two companies, said the tribunal. Consequently, the Transfer of Undertakings Regulations meant that the two men had not been dismissed and that their employment was transferred with continuity of service.