‘The decision in the Commission’s case was on the basis of a concession made by the United Kingdom that non-profit-making organisations are excluded by the Regulations. That concession is not binding on the parties, or on the industrial tribunal or on this tribunal. No such concession has been made by the parties in this case. The Court made no determination of the scope of the derogation in reg. 2. Further, as far as the regulations were interpreted by the European Court of Justice (which we do not believe they were), that Court’s powers are limited to the interpretation of community law, and do not extend to the interpretation of domestic law. That is a matter for the domestic court.’
Judges:
Mummery J, President
Citations:
[1995] IRLR 518, [1995] UKEAT 1083 – 93 – 2106
Links:
Statutes:
Acquired Rights Directive (EC77/182), Transfer of Undertakings (Protection of Employment) Regulations 1981
Jurisdiction:
England and Wales
Citing:
Cited – Woodcock and others v Committee for the Time Being of the Friends School, Wigton CA 1987
A school, which had been operated by Quakers as a registered charity, had been sold to a company. The issue was whether or not this was a transfer covered by TUPE. The Industrial Tribunal, the Employment Appeal Tribunal held that it was not, on the . .
Cited – Schmidt v Spar und Leihkasse der fruheren Amter Bordesholm, Kiel und Cronshagen ECJ 14-Apr-1994
Safeguarding of employees’ rights in the event of the transfer of an undertaking. . .
Cited by:
Cited – Alderson and others v Secretary of State for Trade and Industry CA 8-Dec-2003
The claimant had been employed in a government department, the work of which was transferred to a private company. He sought to claim compensation for the adverse changes in his contract.
Held: At the time, the Regulations gave protection only . .
Lists of cited by and citing cases may be incomplete.
Employment
Updated: 19 May 2022; Ref: scu.189899