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ADI (UK) Limited v Firm Security Group Limited: CA 22 Jun 2001

ADI appealed against a decision that, when they took over a services contract, there had been a transfer within the Regulations. Held: Though no assets tangible or otherwise, had been transferred, this was a contract to provide services at a location and in circumstances, and the EAT found an economic entity. The state of the … Continue reading ADI (UK) Limited v Firm Security Group Limited: CA 22 Jun 2001

Martin v Lancashire County Council Appeal (and Cross Appeals) Bernadone v Pall Mall Services Group and Haringey Healthcare Nhs Trust and Independent Insurance Ltd: CA 16 May 2000

Where an undertaking was transferred, existing liabilities arising out of the employment were transferred notwithstanding that these liabilities were not contractual. A claim for personal injuries became the responsibility of the new employer. At the same time, the right of the first employer to indemnity from his insurers was also transferred to the new employers. … Continue reading Martin v Lancashire County Council Appeal (and Cross Appeals) Bernadone v Pall Mall Services Group and Haringey Healthcare Nhs Trust and Independent Insurance Ltd: CA 16 May 2000

ECM (Vehicle Delivery) Services Ltd v B Cox and others: CA 22 Jul 1999

Employees within a unit, who were employed to satisfy requirements of a particular contract in one firm, had the right to transfer to a different firm which wrested the contract from the original employers. The arrangement of changing the contract was a transfer of an undertaking within the Regulations. Mummery LJ summarised the issue as … Continue reading ECM (Vehicle Delivery) Services Ltd v B Cox and others: CA 22 Jul 1999

Wren and Others v Eastbourne Borough Council and Another: EAT 18 Aug 1993

The transfer of a department of the council providing utility services to the council to a private company, may be subject to ‘transfer of undertaking’ rules. 27/05/1993 Citations: Times 18-Aug-1993, [1993] UKEAT 386 – 92 – 2705 Links: Bailii Statutes: Transfer of Undertakings (Protection of Employment) Regulations 1981 (1981 No 1794) Local Government, Employment Updated: … Continue reading Wren and Others v Eastbourne Borough Council and Another: EAT 18 Aug 1993

Wilson and Others v St Helens Borough Council; Meade and Another v British Fuels Ltd: HL 29 Oct 1998

The House faced two questions regarding the protection given by the Regulations: ‘whether the dismissed employee can compel the transferee to employ him or whether he is given the right to enforce as against the transferee such remedies under national law as he could have enforced against the transferor.’ and ‘whether, if despite dismissal they … Continue reading Wilson and Others v St Helens Borough Council; Meade and Another v British Fuels Ltd: HL 29 Oct 1998

Lassman and Others v Secretary of State for Trade and Industry: CA 19 Apr 2000

The claimants worked for Rotaprint when it went into receivership in 1988, and then for the receiver before being transferred to Pan Graphics. Statutory redundany payments were made on the receivership of Rotaprint. The claimants sought further redundancy payment on the insolvency of Rotaprint. The Secretary now appealed the decision of the EAT that payments … Continue reading Lassman and Others v Secretary of State for Trade and Industry: CA 19 Apr 2000

Cornwall County Care Ltd v Brightman and Others: EAT 10 Mar 1998

A dismissal after the transfer of an undertaking was not unfair when at the same time the old terms of employment remained in effect. Compensation would be awarded for the dismissal and the new terms would be applied to the new contract. Citations: Times 10-Mar-1998 Statutes: Transfer of Undertakings (Protection of Employment) Regulations 1981 (1981 … Continue reading Cornwall County Care Ltd v Brightman and Others: EAT 10 Mar 1998

Brookes and 334 Others v Borough Care Services and CLS Care Services Ltd: EAT 4 Aug 1998

Where a transfer of a business had been arranged by way of a transfer of shares rather than of the business and particularly in order to avoid the Regulations, the transfer of shares took effect as a transfer of the undertaking and so the regulations caught the transaction, even though the Directive made no mention … Continue reading Brookes and 334 Others v Borough Care Services and CLS Care Services Ltd: EAT 4 Aug 1998

Bernadone v Pall Mall Services Group Ltd and Others: QBD 2 Aug 1999

Where an undertaking was transferred, and there remained outstanding a liability of the employer to an employee for damages for personal injuries, even though not pleaded under Health and Safety legislation, was transferred to the transferee by virtue of the regulations to the new employer where the liability may also have arisen by virtue of … Continue reading Bernadone v Pall Mall Services Group Ltd and Others: QBD 2 Aug 1999

Celtec Limited v John Astley Julie Owens, Deborah Lynn Hawkes: EAT 5 Oct 2001

The employer appealed a finding that there had been continuity of employment between itself and a previous employer. The employees had sought a statement as to their terms of employment. The employer was a training and enterprise council, to whom the employees had first been seconded from the Department of Employment. There was an unresolved … Continue reading Celtec Limited v John Astley Julie Owens, Deborah Lynn Hawkes: EAT 5 Oct 2001

Humphreys v Oxford University: CA 18 Jan 2000

In a transfer of undertakings, where the employee could show that the transfer of his employment to a new employer would lead to a real detriment, the transfer operated to entitle the employee to terminate his contract vis a vis the first employer and to claim damages for wrongful dismissal. The regulations had to be … Continue reading Humphreys v Oxford University: CA 18 Jan 2000

Governing Body of Clifton Middle Schooland others v Askew: CA 2 Aug 1999

A teacher employed within a local authority school was an employee of the authority and not of the school itself. Where an authority cease to maintain a junior and middle school and opened a new school he was properly made redundant. The transfer of undertakings regulations did not apply in his case. Citations: Gazette 02-Sep-1999, … Continue reading Governing Body of Clifton Middle Schooland others v Askew: CA 2 Aug 1999

Preston and others v Wolverhampton Healthcare NHS Trust and Others (No 3): CA 7 Oct 2004

The claimants had had their employments transferred to another body under TUPE. They complained that their pension rights had been discriminatory. The employer appealed a finding that their claim had not been out of time. Held: The effect of the Regulations was to transfer all employment rights unchanged save only the pension obligations. The pension … Continue reading Preston and others v Wolverhampton Healthcare NHS Trust and Others (No 3): CA 7 Oct 2004

B L Bhatia v Wincanton Logistics: EAT 23 Jul 2001

The applicant’s job was ‘out-sourced’ with the effect that his earnings were considerably reduced. He reluctantly accepted new conditions. It was wrongly understood by all parties at the time that the change was governed by the regulations. He claimed damages for an unlawful deduction of wages in respect of the diminution. The tribunal decided it … Continue reading B L Bhatia v Wincanton Logistics: EAT 23 Jul 2001

Bunting and Others v Hertel (Uk) Ltd: EAT 28 Jun 2001

The appellants claimed to have been unfairly dismissed. They had been owners, through a discretionary trust, of a company sold to the respondents. They claimed also to have been employees. Following the sale, they were dismissed, and they asserted this arose from a relevant transfer. They had been paid salary, but had no formal contract. … Continue reading Bunting and Others v Hertel (Uk) Ltd: EAT 28 Jun 2001

Morris v John Grose Group Limited: EAT 16 Sep 1998

Where an employee was dismissed by a receiver before the receiver entered into negotiations for the sale of a business, he was dismissed as part of a transfer. The word ‘transfer’ did not have to relate to a particular deal. Citations: Gazette 16-Sep-1998, (1998) IRLR 499 Statutes: Transfer of Undertakings (Protection of Employment) Regulations 1981 … Continue reading Morris v John Grose Group Limited: EAT 16 Sep 1998

Merkx and Another v Ford Motors Co Belgium Sa: ECJ 21 Mar 1996

A transfer of an exclusive dealership contract but without transfer of any physical assets could still be a transfer of an undertaking within the meaning of the regulations. Citations: Times 21-Mar-1996 Statutes: Transfer of Undertakings (Protection of Employment) Regulations 1981 (1981 No 1794) Employment, European Updated: 09 April 2022; Ref: scu.83663

In Re Maxwell Fleet and Facilities Management Ltd: ChD 10 Feb 2000

Although regulation 4 went beyond the obligations imposed by the Directive, it was intended to protect employee rights who were employed by companies which were hived down. In this case the sale of the business to a subsidiary and then onto a third party was to be treated as one transaction, and the regulations applied. … Continue reading In Re Maxwell Fleet and Facilities Management Ltd: ChD 10 Feb 2000

Betts and others v Brintel Helicopters Ltd and KLM Era Helicopters (UK) Ltd: CA 26 Mar 1997

There was no transfer of undertaking where only the employees and no other assets of the business had been transferred. Times 01-Apr-1997, [1997] EWCA Civ 1340, [1997] ICR 792, [1996] IRLR 45, [1997] 2 All ER 840, [1998] 2 CMLR 22 Bailii Transfer of Undertakings (Protection of Employment) Regulations 1981 (1981 No 1794) England and … Continue reading Betts and others v Brintel Helicopters Ltd and KLM Era Helicopters (UK) Ltd: CA 26 Mar 1997

Warner v Adnet Limited: CA 26 Feb 1998

A dismissal of employees by administrative receivers just before the sale of a company as going concern was a redundancy outside the protection given by the TUPE provisions. ‘in view of the facts found by the tribunal about the appointment of the . .