J Murphy & Sons Ltd v Fox & Anor

EMPLOYMENT APPEAL TRIBUNAL 58 VICTORIA EMBANKMENT, LONDON EC4Y 0DS At the Tribunal On 22 April 1997 Before

J MURPHY & SONS LTD APPELLANT (1) MR M FOX (2) NORWEST HOLST CONSTRUCTION RESPONDENT

JUDGE D M LEVY QC : On 11 March 1996 Mr Michael Fox sent a complaint to an Industrial Tribunal which was received on 13 March. He claimed he had been unfairly dismissed by J. Murphy & Sons Ltd ("the Appellant") on 2 February 1996.

Subsequently, Norwest Holst was added as a Respondent to Mr Murphy's application and they entered an appearance dated 7 June 1996. Norwest Holst accepted that Mr Fox was one of the persons transferred to them with effect from 8 January 1996. They also said that they had made him redundant and indeed, he had accepted redundancy pay. Mr Fox did not accept that his employment had been transferred and accordingly there was a hearing before an Industrial Tribunal sitting in Liverpool on 31 July 1996.

The decision of the Industrial Tribunal was sent to the parties on 30 August 1996. The Tribunal decided that Mr Fox was unfairly dismissed by the Appellant. They dismissed Norwest Holst from the action and said that the matter would be re-listed for the consideration of remedy.