A claim was made under the TUPE regulations. The company replied that the part of the business transferred was not a discrete economic entity.
Held: The regulations did not require that in order to be governed by the regulations, a business transferred had to be a discrete entity.
Judges:
Lord Justice May Lord Justice Mummery Lord Justice Pill
Citations:
[2004] EWCA Civ 83, Times 26-Feb-2004, [2004] IRLR 304
Links:
Statutes:
Transfer of Undertakings (Protection of Employment) Regulations 1981
Jurisdiction:
England and Wales
Citing:
Appeal from – Fairhurst Ward Abbots Ltd v Botes Building Ltd and Another EAT 27-Mar-2003
The company claimed that on the transfer of its business, the fact that the undertaking would be conducted by more than one company meant that the regulations did not apply.
Held: A substantial protection for employees would be lost if the . .
Cited – Allen and Others v Amalgamated Construction Co Ltd ECJ 10-Dec-1999
The European rules protecting employees rights on the transfer of undertakings operated also when employees when employees were transferred between two separate companies which were subsidiaries of another. They were legally distinct employers, even . .
Cited – Hidalgo and Others v Asociacion de Servicios Aser and Sociedad Cooperativa Minerva; Horst Ziemann v Ziemann Sicherheit GmbH and Horst Bohn Sicherheitsdienst ECJ 10-Dec-1998
Europa Article 1(1) of Directive 77/187 on the approximation of the laws of the Member States relating to the safeguarding of employees’ rights in the event of transfers of undertakings, businesses or parts of . .
Cited – Francisco Hernandez Vidal SA v Perez, and Contratas y Limpiezas SL; Gomez Montana v Claro Sol SA and Red Nacional de Ferrocarriles Espanoles (Renfe) ECJ 10-Dec-1998
Europa Article 1(1) of Directive 77/187 on the approximation of the laws of the Member States relating to the safeguarding of employees’ rights in the event of transfers of undertakings, businesses or parts of . .
Cited – RCO Support Services Ltd, Aintree Hospital Trust v Unison v Binns L Mckinlay EAT 28-Jun-2000
EAT Transfer of Undertakings – Transfer. . .
Cited – Hassard v Mc Grath and Others CANI 1996
Before the alleged transfer, the undertaking of general building work operations, was carried on by the Northern Ireland Housing Executive through its Direct Labour Organisation then divided into four districts. The employee worked in two units then . .
Cited – Cheeseman v R Brewer Contracts Ltd EAT 2001
. .
Cited – 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 . .
Cited by:
Mentioned – 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
Updated: 09 June 2022; Ref: scu.193484