EAT Transfer of Undertakings – Transfer
In deciding whether there has been a relevant transfer of an undertaking, the finding of facts by the Employment Tribunal is subject to an overall assessment, which raises a question of law. The approach of Lord Hoffman in Lawson v Serco [2006] ICR 250 para 34 to the role of an Employment Tribunal was applied. The tribunal misdirected itself in holding that there was no stable economic entity capable of being transferred, and in holding that in making this decision it was relevant to know whether the employees were assigned to any particular entity. The judgment of the tribunal was reversed and the case remitted now for hearing on unfair dismissal against the transferee.
Judges:
McMullen QC HHJ
Citations:
[2007] UKEAT 0623 – 06 – 1505
Links:
Jurisdiction:
England and Wales
Employment
Updated: 11 July 2022; Ref: scu.258497
