EAT Transfer of Undertakings: Transfer
The Employment Judge erred in law in finding that a transfer had taken place following the termination of a franchise by the franchisee. The parties had initially intended that the franchisor would take over the showroom concerned and employ the Claimant. The Employment Judge found, essentially because of this intention, that there was a TUPE transfer when the franchise terminated. However she did not apply the correct, multi-factorial, approach to the question whether a transfer had actually taken place. Reasoning in P Bork International A/S v Foreningen af Arbejdsledere I Danmark [1989] IRLR 41 and Cheesman v R Brewer Contracts Ltd [2001] IRLR 144 applied; Wood v Caledon Social Club Ltd UKEAT/0528/09 considered.
David Richardson HHJ
[2016] UKEAT 0349 – 15 – 0209
Bailii
England and Wales
Employment
Updated: 24 January 2022; Ref: scu.570390