- Created by: channyx
- Created on: 20-03-20 23:28
Three teachers were dismissed for redundancy after the voluntary aided school at which they taught was closed down and replaced by a new school with a temporary governing body. The teachers claimed unfair dismissal on the grounds that they had been dismissed as a result of the transfer of an undertaking.
A legislative error prevented them claiming under the Transfer of Undertakings (Protection of Employment) Regulations 1981, and they sought instead to rely directly on Council Directive 77/187. The industrial tribunal and the EAT both found that the teachers were unable to invoke the doctrine of vertical direct effect as the governors of the voluntary aided school were not an emanation of the state as required under EC law. The teachers appealed.
Held, allowing the appeal, that in Foster…