EAT Transfer of Undertakings : Transfer
On the issue of whether there had been a ‘relevant transfer’ for TUPE purposes, the Employment Tribunal (ET) preferred to the Respondent’s witness’s evidence that there had been no transfer. It failed to give any reasons for preferring that evidence to the other evidence in the case. Moreover, such an explanation was called for in the circumstances of the case by contradiction and inconsistency in that witness’s three witness statements. The ET gave no other reasons for holding that no transfer had taken place and thereby failed to make the findings of fact essential to the multi-factorial approach to transfers required by Cheesman.
Judges:
Kuba QC Rec
Citations:
[2013] UKEAT 0255 – 12 – 1403
Links:
Jurisdiction:
England and Wales
Employment
Updated: 17 November 2022; Ref: scu.473016
