Employees within a unit, who were employed to satisfy requirements of a particular contract in one firm, had the right to transfer to a different firm which wrested the contract from the original employers. The arrangement of changing the contract was a transfer of an undertaking within the Regulations. Mummery LJ summarised the issue as being whether ‘there was a continuation in the hands of ECM of the existence of a discrete economic entity previously carried on by Axial’.
Judges:
Henry, Mummery, Laws LJJ
Citations:
Gazette 22-Sep-1999, (1999) IRLR 559, [1999] ICR 1162, [1999] EWCA Civ 1927
Links:
Statutes:
Transfer of Undertakings (Protection of Employment) Regulations 1981 (1981 No 1794)
Jurisdiction:
England and Wales
Citing:
Cited – ECM (Vehicle Delivery Service) Ltd v Cox and Others EAT 10-Jun-1998
Employees within a unit employed to satisfy requirements of a contract in one firm had the right to transfer to a different firm which wrested the contract from the original employers. The arrangement of changing the contract was transfer of . .
Cited by:
Considered – ADI (UK) Limited v Firm Security Group Limited CA 22-Jun-2001
ADI appealed against a decision that, when they took over a services contract, there had been a transfer within the Regulations.
Held: Though no assets tangible or otherwise, had been transferred, this was a contract to provide services at a . .
Appealed to – ECM (Vehicle Delivery Service) Ltd v Cox and Others EAT 10-Jun-1998
Employees within a unit employed to satisfy requirements of a contract in one firm had the right to transfer to a different firm which wrested the contract from the original employers. The arrangement of changing the contract was transfer of . .
Cited – Astle and others v Cheshire County Council and Omnisure Property Management Ltd EAT 20-May-2004
EAT Issue whether Employment Tribunal asked itself the right question and/or was perverse in failing to find that the principal reason for the Council’s changed arrangements was to thwart TUPE and hence that the . .
Lists of cited by and citing cases may be incomplete.
Employment, European
Updated: 31 May 2022; Ref: scu.146842