EAT Transfer of Undertakings : Transfer – The Employment Judge erred in law by holding that a transferee assumed responsibility as employer for employees of a transferor as referred to by the Court of Justice of the European Union in Celtec v Astley [2005] ICR 1409 when they consulted employees and reassured them that they would be offered employment. Further, the Employment Judge erred in determining the date of the transfer of the undertaking by reference to the date on which he considered that the transferee assumed responsibility for the transferor’s employees. The reference in Celtec is to responsibility as employer by operation of the Transfer of Undertakings (Protection of Employment) Regulations 2006 not by the wishes, actions or intentions of the parties. The date of the transfer of the undertaking dictates the date when the contracts of employment transfer not vice versa. Appeal allowed. Case remitted to a different Employment Judge to determine the date of the transfer of the undertaking.
Slade DBE J
[2014] UKEAT 0440 – 13 – 0108
Bailii
England and Wales
Employment
Updated: 18 December 2021; Ref: scu.535552
