Appeals
[ch 10: page 94]Where an employee is dismissed before the transfer but a successful appeal takes place after the transfer date, the employment contract automatically revives, continuity is preserved and the employment transfers to the new employer (G4S Justice Services (UK) Ltd v Anstey [2006] All ER 22), even if the transferee then refuses to reinstate the sacked employee (Salmon v (1) Castlebeck Care (Teesdale) Ltd (In Administration); (2) Danshell Healthcare Ltd and others [2015] UKEAT/0304/14/DM).
In G4S Justice Services (UK) Ltd v Anstey [2006] All ER 22, the EAT ruled that it is for the transferor (the old employer) to hear appeals against pre-transfer dismissals under a contractual appeal procedure. For the employment to transfer, the appeal must actually take place and be successful. Merely submitting an appeal will not transfer the employment (Bangura v Southern Cross Healthcare Group PLC & Another [2013] UKEAT/0432/12/RN).