EAT Transfer of Undertakings: Service Provision Change
1. The service provision change regime is not to be construed as requiring that all the activities carried out by the putative transferor before the relevant date for the client cease and are carried out by a single putative transferee after the change, save where there is a reduction or increase on a qualitative basis when there can be a division between more than one putative transferee. ‘Activities’ is undefined and unqualified and is not to be read as analogous or co-extensive with the word ‘service’.
2. The statutory words have their ordinary meaning and are to be applied in a straightforward, commonsense way to the facts properly found.
3. Provided there is no error of law in a Tribunal’s approach and no perversity the findings as to what constitutes ‘activities’, whether they are fundamentally the same, and what constitutes an organised grouping, are all questions of fact and degree for the fact finding Tribunal.
4. There was no error of law or impermissibly narrow approach adopted by the Employment Tribunal in this case. Findings of fact supported by evidence were made on the critical questions and the Employment Tribunal reached factual conclusions that were open in the particular circumstances of the case.
Simler DBE P J
[2016] UKEAT 0267 – 15 – 2101
Bailii
England and Wales
Employment
Updated: 02 November 2021; Ref: scu.560972