EAT TRANSFER OF UNDERTAKINGSEconomic technical or organisational reasonThe Employment Tribunal erred in taking into account a perceived breach of the consultation requirements of Transfer of Undertakings (Protection of Employment) Regulations 2006 regulation 13(6) in determining that the dismissals of two sample Claimants were unfair within the meaning of Employment Rights Act 1996 section 98(4). No … Continue reading Nationwide Building Society v Benn and Others: EAT 27 Jul 2010

EAT TRANSFER OF UNDERTAKINGS: Consultation and other informationIn regulation 13 of TUPE the ‘affected employees’ whose representatives the employer must inform and consult about a relevant transfer are those who will be or may be transferred, those whose jobs are in jeopardy by reason of the proposed transfer, and those who have internal job applications … Continue reading Unison v Somerset County Court and Others: EAT 15 Jul 2009

EAT Redundancy : Collective Consultation and Information – The Appellant is a local authority which was contemplating redundancies of staff and also transfers of some employees to third parties. The Employment Tribunal found that it had breached the consultation and information requirements in section 188 of the Trade Union and Labour Relations (Consolidation) Act 1992 … Continue reading London Borough of Barnet v Unison and Another: EAT 19 Dec 2013

It is inconsistent with the TUPE regulations to seek to use them to improve an employee’s terms and conditions. Judges: Mummery LJ, Maurice Kay LJ, Wilson LJ Citations: [2007] EWCA Civ 1065, [2008] ICR 341, [2008] IRLR 70 Links: Bailii Statutes: Transfer of Undertakings (Protection of Employment) Regulations 1981 Jurisdiction: England and Wales Citing: Appeal … Continue reading Jackson v Computershare Investor Services Plc: CA 30 Oct 2007

EAT TRANSFER OF UNDERTAKINGS – TransferFor there to be a service provision change within the meaning of Regulation 3(1)(b)(ii) of the Transfer of Undertakings (Protection of Employment) Regulations 2006, the activities carried out by different contractors before and after the transfer must be carried out for the same client. The Employment Tribunal erred in holding … Continue reading Hunter v McCarrick: EAT 13 Dec 2011

EAT TRANSFER OF UNDERTAKINGS – Consultation and other informationSeller of care home business gave some limited information to employees about impending transfer but failed to arrange for election of ‘appropriate representatives’ as required by reg. 14 of Transfer of Undertakings (Protection of Employment) Regulations 2006 and accordingly gave no information to, and did not consult … Continue reading Todd v Strain and Others: EAT 16 Jun 2010

Practice and Procedure – Stay – Paragraph 43(6) Schedule B1 Insolvency Act 1986 The Claimant had commenced Employment Tribunal (‘ET’) proceedings against eight Respondents. Subsequently, the first two Respondents (one of which had been the Claimant’s employer) went into administration and a stay was imposed on the proceedings under paragraph 43(6) Schedule B1 Insolvency Act … Continue reading Ince Gordon Dadds Llp and Others v J Tunstall and Others: EAT 19 Jun 2019

Rule 30(6) of the 2004 Rules, which requires sufficient reasons, is intended to be a guide and not a straitjacket so that if it can be reasonably spelled out from a determination that what the rule requires has been provided by the Tribunal, then no error of law will have been committed. Judges: Buxton LJ, … Continue reading Balfour Beatty Power Networks Ltd and Another v Wilcox and others: CA 20 Jul 2006

EAT Transfer of Undertakings: Transfer and Continuity of Employment 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. Judges: His Honour Judge Peter Clark Citations: [2006] UKEAT … Continue reading G4S Justice Services (UK) Ltd v Anstey and others: EAT 30 Mar 2006

The company appealed against the upholding of the union’s claim that the company was in breach of the regulations. The company was to close its factory and decided at first to begin consultations for redundancy, but then looked for a buyer for the business. The union complained that inadequate information had been provided to allow … Continue reading Cable Realisations Ltd v GMB Northern: EAT 29 Oct 2009

EAT Transfer of Undertakings : Service Provision Change – Transfer of Undertakings (Protection of Employment) Regulations 2006 (‘TUPE’) Regulation 3(1)(b) – service provision change (‘SPC’) – ‘the client’ The appeal raised a novel point: whether ‘a’ or ‘the’ client, for the purpose of a SPC transfer under Regulation 3(1)(b) was to be understood solely in … Continue reading Ottimo Property Services Ltd v Duncan and Another: EAT 9 Jan 2015

Employer’s appeal against a decision that the claimant’s employment automatically transferred to it under the 2006 Regulations. Jackson, Kitchin, Floyd LJJ [2015] EWCA Civ 75 Bailii Transfer of Undertakings (Protection of Employment) Regulations 2006 England and Wales Employment Updated: 27 December 2021; Ref: scu.542616

EAT Transfer of Undertakings : Transfer – PRACTICE AND PROCEDURE Appellate jurisdiction/reasons/Burns-Barke Costs Transfer of Undertakings (Protection of Employment) Regulations 2006 – interplay between reg 3(3)(a)(i) ‘organised grouping of employees’ and question of assignment for purposes reg 4 TUPE Service provision change of purpose of reg 3(1)(b) having been conceded, the Employment Judge was required … Continue reading Costain Ltd v Armitage: EAT 2 Jul 2014

EAT Transfer of Undertakings : Transfer – The Employment Judge erred in law by holding that a transferee assumed responsibility as employer for employees of a transferor as referred to by the Court of Justice of the European Union in Celtec v Astley [2005] ICR 1409 when they consulted employees and reassured them that they … Continue reading Housing Maintenance Solutions Ltd v JF McAteer and Others: EAT 1 Aug 2014

EAT Transfer of Undertakings : Dismissal or Automatically Unfair Dismissal – Economic technical or organisational reason The Employment Judge did not err in holding that dismissals of transferred employees for refusing to work in a different workplace following a transfer of an undertaking were not dismissals which entailed a ‘change in the workforce’ within the … Continue reading NSL Ltd v Besagni and Others and Another: EAT 16 May 2014

EAT Transfer of Undertakings : Transfer – The Employment Judge did not err in holding that a hope and wish that following a service provision change activities would be carried out by a transferee in connection with a task of short term duration was not an intention that they would be so carried out. Accordingly … Continue reading Robert Sage Ltd (T/A Prestige Nursing Care Ltd) v O’ Connell and Others: EAT 13 Mar 2014

EAT TRANSFER OF UNDERTAKINGS – Transfer The Employment Judge held that there was a service provision change within the meaning of Regulation 3(1)(b)(ii) of the Transfer of Undertakings (Protection of Employment) Regulations 2006 therefore a transfer of an undertaking when the client gave the contract for the work of cladding boilers at a power station … Continue reading Swanbridge Hire and Sales Ltd v Butler and Others: EAT 13 Nov 2013

EAT Transfer of Undertakings : Service Provision Change – JURISDICTIONAL POINTS – Continuity of employmentUnfair dismissal claim. Employee only having sufficient continuity of employment if she could establish an earlier TUPE transfer.Service provision case. Employee in an organised grouping of which she was the only member. Issue whether carrying out the transferred activities was the … Continue reading Rynda (UK) Ltd v Rhijnsburger: EAT 9 Sep 2013

Interpretation of Transfer consultation EAT TRANSFER OF UNDERTAKINGS: Consultation and other information Transfer of undertakings. The Employment Tribunal held that the transferors had failed properly to inform or consult in breach of regulation 13 of the Transfer of Undertakings (Protection of Employment) Regulations 2006. They held that the transferors had failed to provide relevant information, … Continue reading Royal Mail Group Ltd v Communication Workers Union: EAT 2 Dec 2008

Royal Mail had transferred some of its businesses. The union complained that the company’s explanation of the effect of the transfer to its members was incorrect in law. The EAT had found that the employer need only tell the employee of its honestly held belief (in this case as to whether automatic transfers would take … Continue reading Royal Mail Group Ltd v Communication Workers Union: CA 14 Oct 2009