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 dispute at the time about whether continuity of employment was maintained. The EAT noted the statutory presumption in favour of continuity. The organisation was a labour intensive one. The Tribunal had been right to ask first what it was had been transferred, and then when. The tribunal was correct in allowing a wide interpretation of the meaning of ‘undertaking’ under the regulations. The employees had resigned before taking up employment, and so were not employed immediately before the transfer. The appeal was allowed.
EAT Transfer of Undertakings – Transfer
EAT European Material – Acquired Rights Directive
Judges:
The Honourable Mr Justice Hooper
Citations:
EAT/293/00, [2001] IRLR 788, [2001] UKEAT 293 – 00 – 0510
Links:
Statutes:
Employment Rights Act 1996 218, Transfer of Undertakings (Protection of Employment) Regulations 1981 (1981 No 1794), Acquired Rights Directive 75/129/EEC
Jurisdiction:
England and Wales
Citing:
See Also – Celtec Limited v John Astley Julie Owens Deborah Lynn Hawkes EAT 1-Oct-2001
EAT Transfer of Undertakings – Transfer. . .
Cited by:
Appeal from – J Astley and others v Celtec Ltd CA 19-Jul-2002
Civil servants had been transferred to Training and Enterprise Councils in 1990, and resigned from the Civil Service in 1993. They appealed a decision that there had not been a transfer of an undertaking, and that they had continuity of employment. . .
See Also – Celtec Limited v John Astley Julie Owens Deborah Lynn Hawkes EAT 1-Oct-2001
EAT Transfer of Undertakings – Transfer. . .
At EAT – Celtec Limited v Astley and others HL 10-Nov-2003
The employments of civil servants had been transferred to the defendant company. There had been some delay between their resignations and the new arrangements. The employee claimed the protection of the directive, saying that there had been a . .
At EAT – Celtec Ltd v John Astley and Others ECJ 26-May-2005
Europa Directive 77/187/EEC – Article 3(1) – Safeguarding of employees’ rights in the event of transfers of undertakings – Transferor’s rights and obligations arising from a contract of employment or from an . .
At EAT – North Wales Training and Enterprise Council Ltd v Astley and others HL 21-Jun-2006
Civil servants had been transferred to a private company. At first they worked under secondment from the civil service. They asserted that they had protection under TUPE and the Acquired Rights Directive. The respondent said that there had only been . .
Lists of cited by and citing cases may be incomplete.
Employment, European
Updated: 16 May 2022; Ref: scu.168356