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EMPLOYMENT APPEAL TRIBUNAL 58 VICTORIA EMBANKMENT, LONDON EC4Y 0DS At the Tribunal On 30 March 2006 Before
G4S JUSTICE SERVICES (UK) LTD APPELLANT (1) MR S ANSTEY (2) MR A SIMPSON (3) GSL UK LTD RESPONDENT
Relevant transfer under TUPE � employees dismissed for misconduct with internal appeals pending at date of transfer. Appeals heard by Transferor and allowed; reinstatement directed. Whether employed by Transferor immediately before transfer and employment transferred to Transferee.
The Claimant's appeal was heard and dismissed by letter dated 1 June. In July he presented his complaint of unfair dismissal to the Industrial Tribunal. The issue was whether he had completed the then minimum qualifying period of 26 weeks continuous service. If the effective date of termination of the contract was the date of summary dismissal, he had not; if the contract was, as the Employment Tribunal held, suspended pending determination of his internal appeal; he had. The EAT allowed the employer's appeal. That decision was upheld by the Court of Appeal.
It will be recalled that the disciplinary procedure in Savage expressly provided for the contract to be suspended pending appeal.
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