Mr I Harrison v Trident Civils Ltd and others: 1801510/2016
JUDGMENT
Pursuant to the preliminary issues identified by Employment Judge Rostant to be addressed at the preliminary hearing that took place on the 10th October 2016 it is the Judgment of this Tribunal that:[1]There was a transfer of undertaking on the 1st July 2016 between Morrisons PLC and the first Respondents, Trident Civils Limited and then a subsequent transfer of undertaking in or about September 2016 from Trident Civils Limited to Linbrook Services Limited (the third Respondent).[2]The Claimant did not refuse to transfer to the Respondents.[3]All claims as against the third Respondents be struck out on the grounds that they have no reasonable prospect of success it being clear that the Claimant was dismissed by the first Respondents on or about the 19th July 2016 and, accordingly, was not in the employment of the first Respondents ‘immediately before’ the transfer to the third Respondents.