Argyll Coastal Services Ltd v Stirling and Others: EAT 15 Feb 2012

EAT TRANSFER OF UNDERTAKINGS – Transfer
TUPE. Service provision change. Vessel chartered by MOD to work in Falklands. Contract lost to Dutch company following re-tendering process. Tribunal considered application of TUPE per regulation 3 but failed to consider regulation 4; case accordingly remitted for a rehearing. Observations regarding interpretation of ‘activities’, ‘organised grouping of employees’, ‘principal purpose’, and ‘situated in Great Britain’, as used in regulations 3 and 4.

Judges:

Lady Smith

Citations:

[2012] UKEAT 0012 – 11 – 1502

Links:

Bailii

Jurisdiction:

England and Wales

Employment

Updated: 06 October 2022; Ref: scu.452493