Drivers had no right to redundancy payment
Page 21
If you've noticed an error in this article please click here to report it so we can fix it.
Although the managing director of Euro Freight Services promised to make redundancy payments to two drivers when the company was taken over by Aliens Transport Services, the two men have lost redundancy claims.
A Manchester industrial tribunal said that Keith Stone and Anthony Hughes were employed by the company from October 1990 until December 1993, when its transport business was transferred as a going concern to Aliens, Managing director Ralph Perch retained the freight forwarding side and the name. The tribunal accepted that both men were promised redundancy payments by Perch. But when Euro Freight's transport business was transferred to Aliens, Stone and Hughes were not dismissed; both remained in the employment of Euro Freight at the time of the transfer. By virtue of the Transfer of Undertakings (Protection of Employment) Regulations 1981, their employment was then continuous with Aliens with no break in continuity of service. It followed that neither man was entitled to claim a redundancy payment from Euro Freight.