EAT TRANSFER OF UNDERTAKINGS
Transfer
Continuity of employment
PRACTICE AND PROCEDURE
Bias, misconduct and procedural irregularity
The Employment Tribunal held that there was a TUPE transfer when the Claimant, who was employed by a partnership of the Respondent and his father at their farm, began to work for the Respondent alone at his public house and brewery. The Employment Tribunal accepted that there was a transfer of employer but that the Claimant was an ‘economic entity’ whose employment was therefore transferred. The fact that the Employment Tribunal was considering TUPE was not made known to the parties at the hearing as it had not been raised by the Claimant.
Appeal allowed 1) as no notice of the TUPE point was given and 2) the Claimant was incapable of being an ‘economic entity’ and there was no basis for finding a TUPE transfer.
Citations:
[2010] UKEAT 0392 – 09 – 1902
Links:
Jurisdiction:
England and Wales
Employment
Updated: 16 August 2022; Ref: scu.406557
