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Transfer of undertakings: Dismissal by reason of transfer precludes finding of "ETO" reason

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    Kerry Foods Ltd v Creber and others [2000] IRLR 10 EAT (0 other reports)

The principal reason for the dismissal of a transferor's employees, purportedly on the grounds of redundancy, was the impending transfer of the undertaking, holds the EAT in Kerry Foods Ltd v Creber and others 11.10.99 EAT 1379/97 and 939/98. It followed that the dismissals were automatically unfair by virtue of reg.